Decided on December 04,2019

Himangshu Barman Appellant


MR.AKIL KURESHI,J. - (1.)Petitioner has prayed for the directions to the respondents to give the benefit of the scale of pay of Junior Engineer Grade-I w.e.f. 30.05.2007.
(2.)Brief facts are as under:
The petitioner, a diploma holder, had joined the service of the State Government as Junior Engineer Grade-II under order dated 13.05.2003. As per the recruitment rules prevailing at the relevant time all degree holders would straightway upon direct recruitment be placed in the cadre of Junior Engineer Grade-I whereas diploma holders would be initially recruited as Junior Engineer Grade-II and after completion of 4(four) years of service would be designated as Junior Engineer Grade-I. The case of the petitioner, therefore, is upon completion of 4(four) years of service w.e.f. 29.05.2007 he should have been designated as Junior Engineer Grade-I and his pay and allowances should have been accordingly fixed. The respondents, however, did not grant such benefit and instead granted the scale of Junior Engineer Grade-I only w.e.f. 15.06.2011. The petitioner has, therefore, made the above noted prayers. The counsel for the petitioner places heavy reliance on a decision of learned Single Judge of this Court in case of Shri Sujit Datta vrs. The State of Tripura and others dated 17.07.2013 in WP(C) No.17 of 2008.

(3.)Learned Addl. Government Advocate Mr. Mangal Debbarma, however, submitted that the recruitment rule was amended under notification dated 07.05.2005 making a period of 8(eight) years of continuous service for a diploma holder Junior Engineer Grade-II to be designated as Junior Engineer Grade-I. He would, therefore, point out that before the petitioner completed 4(four) years of service after appointment in the cadre of Junior Engineer Grade-II the requirement of length of service for being designated as Junior Engineer Grade-I was already changed to 8(eight) years from originally prescribed 4(four) years.

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