Decided on September 02,2019

Sukhendu Bikash Debroy Appellant


S.Talapatra,J. - (1.)Heard Mr. Somik Deb, learned counsel, appearing for the petitioners as well as Mr. M. Debbarma, learned Additional Govt. Advocate appearing for the State-respondents No.1 & 2 and Ms. P Dhar, learned counsel appearing for the respondents No.3, 4 & 5.
(2.)The petitioners belong to a special category of employees in the High Court, namely Private Secretary-I to Hon'ble Judges. The petitioners have raised their demand to the Chief Justice of this High Court for granting them 1st scale upgradation by whatever nomenclature it is known, after 5 years of continuous service, if they are not promoted to the next higher grade/post within that period. The petitioners submitted representations collectively on 1st July, 2016, 15th June, 2017 and 12th January, 2018 respectively (Annexures- 3, 4 and 5 to the writ petition) to the Registrar General of the High Court. Having responded to such demand, the Hon'ble Chief Justice in exercise of his power under Article 229(2) of the Constitution of India had prepared a "Draft Rule" for the said purpose, meaning, by acceding to the demand of the petitioners for granting 1st scale up-gradation after completion of 5 years of their service. For purpose of reference Article 229(2) of the Constitution of India may be extracted hereunder :
"(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorized by the Chief Justice to make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State."

(3.)Accordingly, the said Draft Rule, since it involved the salaries and allowances of the petitioners who are holding the post of Private Secretary-I to the Hon'ble Judges, was sent by a forwarding letter vide No.F.3(35)-HC/15-16/13581, dated 29th July, 2016 (Annexure R/1 to the reply filed by the respondents No.3 and 4) under signature of the Registrar General to the Legal Remembrance and Secretary, Law Department, Government of Tripura with a request to place that matter for approval of the Governor so that the amendment in the High Court of Tripura Services (Appointment, Conditions of Service and Conduct) Rule, 2014 providing ACP to the Private Secretary--I on completion of their 5 years of continuous service in the post can be given effect to. For purpose of perusal, the amendment made in Schedule--II may be taken notice of. In Column 7, under Schedule--II, against Sl. No.3 of the High Court of Tripura Services (Appointment, Conditions of Service and Conduct) Rules, 2014, after the words Pay Band-4, Rs.13,575-37,000/- with Grade Pay Rs.4500/- the following words have been proposed to be inserted "Will be entitled to the benefit of ACP in the Pay Scale of PB-4 Rs.15000-39100 with Grade Pay of Rs.6800/- after 5 years of continuous service from the date of joining in the post on appraisal of work and performance by Hon'ble the Chief Justice."

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