S.TALAPATRA,J. - (1.)Being aggrieved by the common judgment dtd. 3/5/2016 delivered in WP(C) No. 482/2015 (Thakurchan Debnath v. State of Tripura & Ors.), the State has preferred this intra-court appeal.
(2.)The writ petitioner (the respondent herein) filed the writ petition for quashing the letter No.F.6.(74)/PWD(E)/09(S) dtd. 7/5/2013 (Annexure-4 to the writ petition) whereby the respondents have stated that the writ petitioner had consumed three upgradation of scales during 25 years of his service and as such, he is not entitled to the pay scale of Rs.5000.008700/- with grade pay of Rs.2400.00 as 3rd ACP. It has been further urged, in the writ petition, for directing the respondents to allow the petitioner the said scale of pay, meaning Rs.5000.008700/- with grade pay of Rs.2400.00 as 3rd ACP.
(3.)There is no dispute that the petitioner was appointed as Helper under Electrical Division [of the Public Works Department] on 21/9/1987 in the pay scale of Rs.370.00650/- as provided by Tripura State Civil Service (Revised Pay) Rules, 1982, ROP Rules, 1982. Tripura State Civil Service (Revised Pay) Rules, 1988, ROP Rules, 1988, which was published on 16/9/1988 came into force w.e.f. 1/1/1986. By the said ROP Rules, the post of the Helper was redesignated as Junior Electrician and they were given the modified scale of pay of Rs.370.00650/- under ROP Rules, 1982. The said scale was admittedly revised to Rs.970.002400/- by ROP Rules, 1988.
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