STATE OF TRIPURA Vs. SUBHANKAR CHOUDHURY

JUDGEMENT

(1.) HEARD Mr. S. Deb, learned senior counsel appearing on behalf of the appellants and Mr. S. Talapatra, learned senior counsel appearing on behalf of the respondents.

(2.) THIS appeal is directed against the judgment passed by a Single Judge of this Court on 27. 7. 2007 in W. P. (C) No. 285 of 2003.

(3.) THE first impugned memorandum dated 30. 5. 2001 was the reiteration of the clarification which had been issued by the Finance Department under Office Memorandum being No. F4 (6)-FIN (PC)/88 (P-1), dated 22. 6. 1990 to the effect that the highest Grade/post/scale would not be admissible to any employee before completion of 18 years of service in terms of Note No. 2 (a) (i) and (ii) of Part-C of Tripura State Civil Services (Revised Pay) Rules, 1988 (in short TSCS Rules, 1988) as well as provisions in Part-III of the said TSCS Rules, 1988. In the said memorandum dated 30. 5. 2001, it was observed that Food and Civil Supplies Department, vide order No. F2-1 (1)/df/96 dated 14. 3. 1996 read with Order No. F2-1 (6)/df/97 dated 29. 8. 1997 had allowed some Store Keepers belonging to graded pay-scale No. 25 under TSCS Rules, 1988, the movement to the highest grade before those store keepers having completed 18 years of service in violation of the clarification of the Finance Department contained in Office Memorandum No. F4 (6)-FIN (PC)/88 (P-I) dated 22. 6. 1990. Directions were issued in the first impugned memorandum dated 30. 5. 2001 to the Food and Civil Supplies Department to arrange for cancellation of the said orders No. F2-1 (1)/df/96 dated 14. 3. 1996 and No. F2-1 (6)/df/97 dated 29. 8. 1997 and for recoveries of payments made, if any, under the said orders from the concerned employees. The second impugned memorandum dated 20. 3. 2003 was issued by the Director, Food, Civil Supplies and Consumers Affairs, Tripura, Agartala, in pursuance of and in compliance of the first impugned memorandum dated 30. 5. 2001.