S.Talapatra - (1.)Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. A.K. Bhowmik, learned Advocate General assisted by Mr. R. Datta, learned counsel appearing for the respondents.
(2.)The petitioner was appointed, as stated in the writ petition, as the Sub-Inspector of Police on 01.02.2000. After completion of 10 years of continuous and satisfactory service in the post of Sub-Inspector of Police without any promotion, the petitioner was given the first benefit under Assured Career Progression [ACP]. It has been stated by the petitioner that the Recruitment Rules for the post of Inspector of Police was published by the notification dated 11.7.2007. In terms of the said recruitment rules, the petitioner was promoted to the post of Inspector of Police. By the office order dated 24.3.2011 his pay was fixed at Rs.16,470/- in the scale of pay of Rs.9570-30000/- [Pay Band-3] with Grade Pay of Rs.3500/- corresponding to pre-revised scale of pay of Rs.7450-13000/- under the ROP Rules, 1999. The petitioner has stated that by Rule 10 of the Tripura State Civil Services (Revised Pay) Rules, 2009, the method of fixation of pay in the revised pay structure of the employees as fresh recruits on or after 01.01.2006 has been provided. Rule 8 of the said ROP Rules, 2009 provides as under:
"8. Fixation of pay in revised pay structure of employees appointed as fresh recruits on or after 1st day of January, 2006:

(1) The pay of direct recruits to a particular post carrying a specific grade pay shall be fixed on or after the 1st day of January, 2006, at the entry level pay in the pay band as indicated in Part-E read with Part D of Schedule I to these rules.

(2) The provisions of sub-rule (1) shall also be applied in the case of those recruited between the 1st day of January, 2006 and the date of publication of these rules."

Rule 12 of the said Rules, 2009 provides for fixation on promotion as under:

"12. Fixation on promotion on or after 1.1.2006 - In the case of promotion from one grade pay to another in the revised pay structure, the fixation will be done as follows:

(i) One increment equal to 2 % of the sum of the pay in the pay band and the existing grade pay will be computed and rounded off to the next multiple of 10. This will be added to the existing pay in the pay band. The grade pay corresponding to the promotion post will thereafter be granted in addition to this pay in the pay band. In cases where promotion involves change in the pay band also, the same methodology will be followed. However, if the pay in the pay band after adding the increment is less than the minimum of the higher pay band to which promotion is taking place, pay in the pay band will be stepped up to such minimum.

(ii) In case of promotion from HAG+ to the Apex scale, after adding one increment in the manner prescribed in these Rules, the pay in the pay band and existing grade pay will be added and the resultant figure will become the basic pay in the apex scale. This shall not exceed Rs.50,400/-.

(iii) The benefit of fixation of pay available at the time of normal promotion under this rule shall be allowed in case of movement under ACP.

Note 1- In case the employee opts to get his pay fixed from his date of next increment, then on the date of promotion, initially his pay in the pay band shall continue to remain unchanged, but only grade pay admissible for the post or grade to which he is promoted shall be granted. Further re-fixation shall be done on the date of his next increment i.e. 1st day of July. On that day, such an employee shall be granted two increments; one annual increment and the second on account of promotion. While computing these two increments, basic pay prior to the date of promotion and grade pay corresponding to such pay in the pay band shall be taken into account. After allowing such increments, grade pay of the higher post/ scale shall be allowed.

Note 2.- In case the employee opts to get his pay fixed in the higher post or grade from the date of his promotion he shall get his first increment in the higher grade on the next 1st July, if he was promoted between the periods from the 2nd July to 1st January. However, if he was promoted between periods commencing from the 2nd January and ending on the 30th June of a particular year, he shall get his increment on the 1st July of the next year."

(3.)The petitioner's pay was supposed to be fixed under Rule 12 of the said Rules as he was promoted from the post of Sub-Inspector to the post of Inspector of police. On fixation of his pay in the post of Inspector of Police, Home Department, the Superintendent of Police [Traffic], Government of Tripura issued the office order bearing No.635-43/F.1(1)-Estt./SP(T)/13 dated 12.02.2014 by reducing the initial pay of the petitioner in the post of Inspector of Police by way of re-fixation and directing recovery of the excess amount as paid in terms of the earlier fixation of pay from the monthly salary of the petitioner. The said office order dated 12.02.2014 has been challenged in this writ petition and for purpose of reference, the entire text of the said office order dated 12.02.2014 is extracted hereunder:
"Government of tripura Office of the Superintendent of Police (Traffic) Tripura:: Agartala No.635-43/F.1(1)-Esstt./SP(T)/13 12.02.2014

Office order In pursuance of PHQ order no 48944-45/F.80/PC/PHQ/SP(T)GO's/2013 Dated 20.10.13 regarding Re-fixation of Pay under Sixth Amend-ment Rules, 2012.

According to the Clarification of Govern-ment of Tripura, Department of Finance as issued vide their Memo No. F.6 (1)-FIN(PC)/2008 dated 21.06.2013 as communicated vide PHQ No.26366-406/F.59/PC/PHQ/ROP/2012 dated 29.6.2013, pay of the following Inspector of Police will be re-fixed as under:

Shri Sukanta Biswas, Inspector (DOA-As SI on 1.2.2000, ACP-1 on 01.02.2010 and Inspector of Police on 17.05.2010):-

According to the IPS' 2009, his pay was fixed on ACP-1 at Rs.14830/- (12230+2600) w.e.f. 01.07.2010 in the PB-2, Rs.5310-24000/- with GP Rs.2600/- which is in order. Thereafter, he was promoted to the post of Inspector of police on 17.05.2010. So, his pay will be re-fixed at Rs.15730/- (12230+3500) w.e.f 17.05.2010 to 30.06.2010 and thereafter at Rs.16640/- (12230+450+460+3500) w.e.f 01.07.2010 (as per option) in the PB-3. Rs.9570-30000/- with GP Rs.3500/- with DNI on 01.07.2011. Accordingly, his pay will be raised at Rs.18190/- w.e.f 1.7.2013 with DNI on 01.07.2014. Shri Keshab Hari Jamatia, Inspector (SOA-As SI on 03.6.1997, ACP-1 on 03.06.2007 and Inspector of Police on 25.11.2009): According to the IPS'2009, his pay was fixed at Rs.15670/- (13070+2600) w.e.f 01.07.2009 in the PB-2, Rs.5310-24000/- with GP Rs.2600/- with GP Rs.2600/- with DNI on 01.07.2010 which is in order. Thereafter, he was promoted to the post of Inspector of police on 25.11.2009. So, his pay will be re-fixed at Rs.16970/- (13070+400+3500) w.e.f 25.11.2009 in the PB-3, Rs.9570-30000/- with GP Rs.3500/- with DNI on 01.07.2010. Accordingly, his pay will be raised at Rs.19110/- w.e.f 1.7.2010 with DNI on 1.7.2014 The above fixations are provisional and subject to final check-up by the AG (Audit), Tripura. If any over payment is recovered from their monthly salary bill. Superintendent of Police (Traffic) Tripura Agartala" For purpose of further reference, the earlier order of fixation of pay dated 24.3.2011 is also reproduced hereunder in order to make a comparison and also to appreciate the reasons for re-fixation of pay of the petitioner in the post of Inspector of police:

"Government of Tripura Office of the Superintendent of Police (Procurement) Tripura: Agartala- Office Order In exercise of Tripura State Civil Services (Revised Pay) Rules, 2009 10(1) and in pursuance of Home Department, Govt. of Tripura Memorandum No.F.1(46)-PD/2005, dated 14.05.2010 communicated by the Office of the Director General of Police, Tripura, Agartala vide PHQ Order No.241/2010 and No.21850-907/F.28(1)-PHQ/Inspr./09, dated - 15.5.2010 and approval of PHQ issued vide letter No.12462-63/F.39/PC/PHQ/SP (Proc.)/10 dated 21.03.2011, the pay of Shri Sukanta Biswas, Sub-Inspector of Police (AB) now Inspector of Police (AB) is fixed to Rs.14,070/- (P.B.-Rs.11470-plus G.P.- Rs.2600/-) on ACP-1 w.e.f. 01.02.2010 in the Pay Band - 3 (Rs.9,570-30,000/-) and Grade Pay of Rs.2600/- with D. N. I. 01.07.2011 on completion of 10 years continuous services from the date of his appointment in the same Post and thereafter, the pay of Shri Sukanta Biswas, Inspector of Police (AB) is fixed at Rs.16,470/- (P.B.-Rs.12,970/- plus G.P.- Rs.3500/-) initially w.e.f. 17.05.2010 in the existing Pay Band-3 (Rs.9,570-30,000/-) with D.N.I. 01.07.2011 on promotion to the post of Inspector of Police (AB) as per Option exercised by the Officer concerned for those purpose. The above fixation is provisional and subject to final check up by the Accountant General, Tripura in due course. Sd.-/Illegible Superintendent of Police (Procurement), Tripura: Agartala Dated 24.03.2011 No.4858-66/F.1/Pay Fixation/Vol-IV/SP (Proc)/2009"

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