SUDIP GOSWAMI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The controversy with regard to the parity of pay scale, as claimed by the writ petitioner, working as Superintendent of Central Workshop, with that of Maintenance Superintendent, also a Group-B gazetted post under the Fire Service Organization, Government of Tripura, ought to have been considered by the State with the attached seriousness which it deserved.

(2.) In the response filed to the writ petition, we notice the State to have itself referred the matter for examination to the Department of Finance, but however, basis for rejection of petitioner's prayer, seeking parity of the pay scale, was neither disclosed to him nor explained in the affidavit filed before this Court. The least which is expected of the State is to have assigned reasons, if not afforded an opportunity of hearing.

(3.) We do find the learned Single Judge to have examined the matter on the issue of equivalence, but then we are also of the considered view that no such material, which led to the formation of such opinion, was ever placed in the writ proceedings, enabling the learned Single Judge to consider the same and take a holistic view, with regard to the petitioner's claim for parity in the pay scale. Also in our considered view principles of natural justice stand violated causing serious prejudice to the writ petitioner.