STATE OF TRIPURA Vs. MAUSUMI KHAN
HIGH COURT TRIPURA
STATE OF TRIPURA
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Akil Kureshi,J. -
(1.) These appeals arise in common background. They have been heard together and would be disposed by this common judgment. The appeals have filed by the State Government to challenge a common judgment of the learned Single Judge dated 28.06.2018.
(2.) Brief facts are as under :
The original petitioners were engaged as Data Entry Operators on contractual basis to work for District Rural Development Agency (DRDA, for short) which was an agency created for administration of centrally sponsored schemes for which the cost sharing understanding between the Government of India and the State of Tripura was in the proportion of 90 : 10 respectively. An advertisement was issued in the local newspaper on 25.02.2007 inviting interested candidates having minimum qualification of Graduate and with basic knowledge on diploma in one year computer application and computer hardware to appear for walk-in-interview on 15.03.2007. The advertisement clarified that the engagement would be purely temporary with monthly pay of Rs.3,000/-. The petitioners responded to the said advertisement, were selected and were offered engagement. A copy of one such memorandum dated 05.04.2007 is produced at Annexure-3 to WP(C) No.547 of 2015. The terms and conditions of the engagement in the said memorandum were that the engagement was on purely temporary basis on honorarium of Rs.3,000/- per month. Such honorarium would be paid on contractual basis with 'no-work-no-pay' principle applied. This arrangement would continue for a period of one year which may be extended later on.
(3.) The case of the petitioners is that the State of Tripura under Revision of Pay Rules 2009 (ROP 2009, for short) reclassified the existing Data Entry Operators into Under Graduate and Graduate Data Entry Operators and prescribed different pay scales for them. They would point out that the degree holder Data Entry Operators would be placed in the pre-revised pay scale of Rs.4200-8650/-. Under a notification dated 28th April, 2010 while amending Rule 14 of ROP 2009 it was further provided that the existing Data Entry Operators or Computer Operators or Computer Assistants working in different departments on fixed pay or consolidated pay or as DRW shall be classified in different categories provided therein.;
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