- (1.)By this group of petitions arise in common back ground the petitioners have prayed for been granted benefits of career advancement scheme as per the Revision of Pay Rules, 1999 and subsequent rules. According to the petitioners such benefits ought to have been granted after 10 years and thereafter after 17 years of service in the pay scale of Rs.7450-13000/-(pre revised) and thereafter in the scale of Rs.10,000 - 15,100/-(pre revised) after 10 and 17 years of service respectively.
(2.)It is not disputed that similar issues came up for consideration before the learned Single Judge of this Court in case of Ajay Mallik Vrs. State of Tripura & Ors.: W.P(C) No.491/2016 decided on 20.02.2017 in which the writ petition was allowed in following terms:
"18. Now this court will consider the submissions in respect of the remaining writ petitions in this batch. In view of the two decisions as referred above, this court is inclined to declare that the initial pay of the Sub- Inspectors of Police [Armed and Un-armed/SI of Police (Border Wing)] or Supervisor shall be borned in the same level fixed in the scale of pay of Rs. 1450- 3710 with effect from 01.01.1986 and they are entitled to the said pay scale in terms of the fixation formula as provided in the ROP Rules, 1988 and with effect from 01.01.1986 or from the date of their respective appointments. It is further clarified that on completion of their ten years of service in the post of Sub- Inspector of Police without any promotion they will be entitled to the movement to the scale of pay of Rs.1700-3980/-. Thus, instead of their initial pay being fixed in the scale of pay of Rs.1300-3220, their initial pay shall be fixed in the scale of pay of Rs.1450- 3710/-. It is further declared that on completion of ten years of service, in the scale of pay of Rs.1450-3710/- in the post of Sub-Inspector of Police without any promotion, the petitioners shall be moved the scale of pay of Rs.1700-3980/- or its corresponding scale of pay of Rs.7450-13000/- under the ROP Rules, 1999 [see judgment dated 10.01.2006] and the petitioners would be entitled to the scale of Rs.2000-4410/- and its corresponding revised scales by way of movement if the petitioners continued in the post of Sub-Inspector of Police without any promotion on completion of seventeen years of service without any promotion. Even thereafter, if the petitioners are entitled, they will be entitled to get the benefits of Career Advancement Scheme (modified) with effect from 01.01.1999 under Section 10 of the ROP Rules, 1999. The petitioners who were appointed after 01.01.1996 shall wholly be guided by the ROP Rules, 1999. ......................................."

The State has carried the matter in a group of appeals before the Division Bench being W.A No.86/2018 and other connected appeals were disposed of by a common judgment dated 09.09.2019. Operative portion of the judgment reads as under:

"37. After careful consideration of all aspects, on factual and legal issues, in our considered view, all the writ petitioners/Sub-Inspectors are entitled to the pay scale of Rs.1450-3710 and they were also entitled to the pay scale of Rs.7450-13000 and further graded scale of Rs.10,000-15,100 considering their entry into the service as Sub-Inspectors, in the light and spirit of ROP Rules, 1988 and ROP Rules, 1999 and the corresponding revised scales applicable to the writ petitioners. More specifically, the Sub-Inspectors-writ petitioners who were appointed after 01.01.1996 shall also be guided by the corresponding revised pay scale as well as the respective grade pay since introduction of ROP Rules, 1988. To this extent, the batch of writ petitions are allowed and the writ appeals preferred by the State challenging the decision of learned Single Judge that Sub-Inspectors/Writ petitioners who were appointed after 01.01.1996 are wholly guided by the ROP Rules, 1999, is rejected, as stated above.

38. However, challenge made to this batch of writ appeals preferred by the State to the extent of grant of arrears of salary and allowances is allowed. Consequently, the direction of the learned Single Judge in that batch of writ petitions granting arrears of salary and allowances and prayer for granting the same benefit in the present batch of writ petitions are rejected. We make it clear that the writ petitioners, whether they are retired or still in service, shall not be entitled to any arrear of salary whatsoever and their pay scales shall be fixed notionally. On the other hand, the order of the learned Single Judge directing the State to pay arrears of salary commensurate to their scales of pay as fixed by this Judgment is set aside.

39. In the result, the batch writ petitions filed before this Court are allowed, to the extent as indicated above, and the writ appeals filed by the State of Tripura are also allowed in part, in the above terms. There shall be no order as to costs. Pending applications, if any, stand disposed of."

(3.)Thus the Division Bench modified the judgment of the learned Single Judge to a limited extent of not granting the benefit of arrears while still upholding the directions for re-fixation the pay of the petitioners therein. Issues being identical, the present petitioners shall also be covered by the said judgment and their pay fixation be carried out accordingly. Petitions are disposed of.
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