SUMAN SAHA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Akil Kureshi,J. -
(1.) Petitioner has challenged the action of the respondents of placing him in fixed salary regime at the time of his appointment for a period of five years before granting regular pay scale. Failing this prayer, the petitioner has also raised an issue of such fixed remuneration not being adequate. According to the petitioner such remuneration cannot be less than the minimum of the entry level scale of the post on which the petitioner was appointed.
(2.) Brief facts are as under :
The father of the petitioner was engaged as a pump operator on fixed pay basis. Before he was regularized in Government service, he expired. Under a die-in-harness scheme framed by the State Government, the petitioner was appointed on the post of Lower Division Clerk on 14.01.2008. The post in question carried a scale of pay of Rs.5310-24000/- with Grade Pay of Rs.1800/-. The petitioner was however offered fixed pay of Rs.2145/- per month which would be revised later on. This arrangement would continue for five years as per the Government policy before the petitioner would be brought over to regular scale attached to the post of Lower Division Clerk. The petitioner accepted the appointment, worked as Lower Division Clerk and upon completion of five years was also granted regular scale of pay in the year 2013. Several years later the petitioner filed a writ petition in the year 2017 and questioned placing him in the fixed pay basis at the time of his initial appointment in the year 2008. This petition was withdrawn on 04.05.2018 with a liberty to file a fresh petition upon which the present petition has been filed.
(3.) Appearing for the petitioner learned counsel Ms R. Purkayastha contended that :
(i) the petitioner was appointed in a die-in-harness scheme. The petitioner had cited many instances where Government had appointed several persons under the said scheme on regular scale from inception. The petitioner was discriminated. She contended that die-in-harness scheme is a universal scheme framed by the Government and there cannot be any further bifurcation of persons being appointed under such scheme for the purpose of grant of pay scales.
(ii) That the Government of Tripura scheme for fixed remuneration initially for a period of five years, ignores the principle of equal pay for equal work since such monthly remuneration is lower than the entry level scale of the post in question. ;
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