Arindam Lodh, J. - (1.)All the above mentioned writ appeals and writ petitions relate to grant of benefit of pay scales and also the benefit of Career Advancement Scheme (for short, CAS). A group of Sub-Inspectors had initially instituted a declaratory suit before the Civil Court which ultimately came up for decision before the Gauhati High Court, Agartala Bench by way of filing second appeals. Thus, the second appeals were disposed of by a common judgment dated 10.01.2006 delivered in RSA 44/2003, RSA 45/2003, RSA 46/2003 and RSA 47/2003.
(2.)For purpose of reference, the relevant part of the said judgment is extracted hereunder:
"29. The real issue was as to the effective date of entitlement to the pay scale of Rs.1700-3980/- on the basis of the provisions of RP Rules, 1988 and the aforesaid three memorandums. The first gradation scale of Rs.1450-3710/- was provided by the RP Rules of 1988 on completion on 1.1.86 or on the date of coming over to the revised scale, 10 years service in the post without any promotion since his first appointment to the post. It was further provided under Note-3 of part-B (Schedule-3) i.e. the Notes of Determination of Revised scales as contained in TSCS(RP)Rules, 1988 that where the employee concerned has completed on 1.1.86 or on the date of coming over to the revised scale 18 years of service in the post without any promotion since his first appointment to the post pay shall be fixed in the scale next above the scale which is next higher than the revised scale."

(3.)In these second appeals, the reliefs claimed by the plaintiffs were allowed by the Gauhati High Court in the following manner:
"48. Thus, from the above, it will be seen that a revised scale may be admissible in reference to the next promotion post, but not beyond that. The Trial Court broadly agreeing with the plea of the plaintiffs for their entitlement to the revised pay scale of Rs.7450-13,000/- denied the same to them on the ground that same is the revised scale of the promotion post of Inspector of Police, unmindful of the fact that the plaintiffs were already in the pre-revised scale of Inspector of Police.

49. If the plaintiffs had been put to the pre-revised scale of Rs.1700-3980/-, I see no reason as to why they shall not be entitled to the revised scale of the pre-revised scale i.e. Rs.450-13,000/-. The denial of the benefit on ground of there being bar under Rule 10 of the ROP Rules, 1999, which deals with CAS will be opposed to the actual position which has emerged from the discussions made above. It is in this context, learned counsel for the plaintiffs/appellants argued that the gradation scale was not given to the plaintiffs as career advancement, but was made applicable to the plaintiffs as per RP Rules of 1988 and the three notifications referred to above. Clause iii of Rule 10 of the ROP Rules, 1999 on which the first Appellate court placed reliance is not on the issue. The said clause is only in respect of debarment of further advancement after availing prescribed numbers of scale advancement by way of promotion or gradation, but not on the issue of entitlement to the corresponding revised scale of a pre-revised scale, which in the instant case is Rs.7450-13,000/- as against the prerevised scale of Rs.1700-3980/-."

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