STATE OF TRIPURA Vs. SWASTI RANJAN DEB
LAWS(TRIP)-2021-3-8
HIGH COURT TRIPURA
Decided on March 02,2021

STATE OF TRIPURA Appellant
VERSUS
Swasti Ranjan Deb Respondents

JUDGEMENT

Akil Kureshi, J. - (1.) These Appeals arise out of two separate but identical judgments by the learned Single Judge dated 05.01.2019 and 03.10.2019 in W.P. (C) No.1601 of 2017 and connected petitions and W.P. (C) No.515 of 2018 and companion petitions respectively. Original petitioners before the learned Single Judge had claimed the benefit of past service before regularization for the purpose of the Assured Career Progression (ACP for short) under Rule 10 of the Revision of Pay Rules, 2009 ('ROP, 2009', for short) which the department was not willing to grant. The learned Single Judge allowed the petitions directing the authorities to count the past services of the petitioners for the purpose of ACP benefits under Rule 10 of ROP, 2009.
(2.) Since facts are similar, we may notice them from W.A. No.18 of 2020, which arises out of W.P. (C) 515 of 2018. Under three separate Notifications dated 18.03.2002, 18.03.2002 and 05.04.2002, the Government granted Ex post facto sanction for creation of total 58 posts of Computer Operators under the Directorate of Information Technology, Department of Industries and Commerce, Government of Tripura at fixed remuneration of Rs.4,000/- per month. These Notifications provided that the expenditure involved for the purpose of granting remuneration would be paid by the Ministry of Communication and Information Technology, Government of India for a period of 5 years. The petitioner and all other petitioners herein were appointed as Computer Operators pursuant to the said Notifications, in the year 2002. One such appointment order dated 17.9.2002 is at Annexure A-2 to the petition. The appointee would work as a Computer Operator for Community Information Centre, Satchand Block on a contractual basis for 2 years. Terms and conditions of the appointment provided that the same would be purely temporary and the period of appointment would be for 2 years and during such appointment on contractual basis he would be paid a contractual amount of Rs.4,000/- per month. The appointment would be terminated by giving one month's notice. On 30.05.2003, the Government passed an order granting yearly increment of Rs.500/- upon completion of 2 years of service. Under a Memorandum dated 14/15.06.2004, the term of the Computer Operators was extended by a further period of 3 years.
(3.) On 24.12.2007, Joint Secretary to the Government of Tripura wrote to the D.M. and Collector of various Districts informing them that 52 posts of Computer Operators are transferred from IT Department to Rural Development Department (of those who were engaged under Central Government Scheme as per concurrence of an order dated 06.11.2007). This letter further provided that 'Henceforth, the salary of Computer operators will be met out by the State government in the RD Department. The terms and conditions as laid down during the engagement of the Computer Operators as well as their fixation of monthly remuneration at the rate of Rs.3000/- per month may be governed by the RD department with considering their past service should be counted.' ;


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