BIJAY KUMAR CHAKRABORTY Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-2-40
HIGH COURT TRIPURA
Decided on February 15,2021

Bijay Kumar Chakraborty Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

S.Talapatra,J. - (1.) Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. R. Saha, learned counsel appearing for the respondents No.1, 2 & 3 and Mr. B. Majumder, learned ASGI appearing for the respondent No.4.
(2.) By means of this writ petition, the petitioner has urged this court for quashing the decision contained in the letter No.F.6(74)/PWD(E)/09(S) dated 07.05.2013 [Anexure-4 to the writ petition] and for directing the respondents to release 3rd ACP to the petitioner. That apart, the petitioner has stated that the controversy as raised in this petition is squarely covered by a decision of this court in Dilip Kumar Guha v. State of Tripura and Ors. [the common judgment and order dated 03.05.2016 delivered in W.P.(C) No.386 of 2016 and other writ petitions]. It is also to be noted that the said judgment and order dated 03.05.2016 was challenged in the writ appeal being W.A. No.78 of 2016 [The State of Tripura and Ors. v. Dilip Kumar Guha], but the writ appeal has been dismissed on affirming the judgment of the learned Single Judge by the judgment and order dated 17.07.2019.
(3.) The petitioner was initially appointed as the Helper in the scale of pay of Rs.370-650/- under Tripura Government Services [Revised Pay] Rules, 1982. For introduction of Tripura State Civil Services [Revised Pay] Rules, 1988 [in short, the ROP Rules, 1988] the petitioner was entitled to get the graded Pay Scale No.28 in the re-designated post of Junior Electrician. Thus, he was moved to the scale of pay of Rs.970-2400/- w.e.f. 01.01.1986. The petitioner was entitled to move to the next Graded Scale on completion of 10 years of service. Therefore, he was granted the next higher graded scale of pay of Rs.1250- 2890/- in the re-designated post of the Senior Electrician. The said pay scale was revised by the Tripura State Civil Services [Revised Pay] Rules, 1999. The scale of pay of Rs.1250-2890/- was revised to Rs.4000- 7890/- with effect from 21.09.1997. On completion of 17 years of service, in terms of Rule 10 of Tripura State Civil Services [Revised Pay] Rules, 1999, the petitioner was moved to the next higher scale of pay of Rs.4200-8650/- on 21.09.2004 for his being stagnated in the same post without promotion. While moving to the graded scale of pay of Rs.1250-2890/-, corresponding revised scale of pay of Rs.4000-7890/-, he had overtaken the scale of pay of Rs.1300- 3220/- corresponding to the revised scale of pay of Rs.4000- 7890/- as per ROP Rules, 1999. Thus, he had consumed, according to the respondents, 3[three] scale up-gradation in the career. As per Rule 10(2) of the ROP Rules, 2009 each scale up-gradation availed by an employee after his direct entry into the post of a department shall be treated as consumption of one Assured Career Progression [ACP, in short]. The said Rule 10(2) of ROP Rules, 2009 came into force w.e.f. 01.01.2006. The petitioner had completed 25 years of service as on 21.09.2012. However, his demand for releasing 3rd ACP was not acceded to. According to the respondents, such claim was not justified.;


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