HIGH COURT EMPLOYEES ASSOCIATION Vs. REGISTRAR G H C

JUDGEMENT

(1.) In the above 2 Civil Rules the petitioners made a prayer for a direction to the respondents to remove the anomalies as a result of the pay revision as per Memorandum issued by the Government of Tripura, Finance Department under No.F.4(71)-FIN(PC)/93, dated 17.02.1995 and Memorandum of even number of the same Department, dated 17.05. 1995 approving pay scales of the employees of the Agartala Bench of the Gauhati High Court as in Annexures - A & B to the writ petition in Civil Rule No. 106 of 1996 and also for setting aside the impugned decision of the office of the Accountant General, Tripura under Office order dated 19.08.1994 and the decision of the Deputy Registrar of the Gauhati High Court of 26th September, 1994 as in Annexure-H & Annexure-I to the writ petition (being Civil Rule No. 525 of 1994). These 2 Civil Rules involve the common question of facts and laws and, as such, I propose to dispose of these two cases with the following judgment and order:

(2.) Heard Shri D.K.Biswas and Shri S.M. Chakraborty, learned counsel for the writ petitioners in both the Civil Rules and Shri U. B. Saha, learned Government Advocate for the respondents.

(3.) The fact of the above two cases in a short compass are as follows: According to the writ petitioners in Civil Rule No. 106 of 1996, the Registrar, Gauhati High Court, the Respondent No. 1 herein, as directed by the Hon'ble Chief Justice sent a proposal to the Government of Tripura for allowing the revision of pay scales of the employees of the Agartala Bench indicating specific scale of pay for the existing posts, but the Government of Tripura did not agree to the proposal and instead of approving the scales proposed by the High Court sanctioned revised scales according to their decision and such scales sanctioned by the Government of Tripura had affected the employees adversely and as such the High Court Employees Association, Agartala Bench of the Gauhati High Court filed a writ petition before this court under Civil Rule No. 173 of 1990. By the judgment and order of a Division Bench of this Court passed on 1.09.1992 in Civil Rule No. 173 of 1990 directed the respondents to allow revision of pay scales to the employees of the Agartala Bench of the Gauhati High Court according to the proposal sent by the High Court. Thereafter, the Government of Tripura, Finance Department issued two (2) Memoranda under No. F.4(71)- FIN(PC)/93, dated 17.02.1995 and even number, dated 17.05.1995 sanctioning certain pay scales to the employees of the Agartala Bench of the Gauhati High Court. From the said two Memoranda it would be seen that the scales approved by the Government of Tripura are all Tripura scales, but before this Revision the employees of the Agartala Bench of the Gauhati High Court were allowed two different scales of pay, one existing in Tripura and other in Assam State. It is also the case of the petitioners that as a result of the implementation of the aforesaid Tripura Pay Scales, the petitioners have suffered serious loss in as much as certain huge amount of money are to be recovered from them on the grounds that they have over drawn the same. The petitioners also pointed out the fact that one Shri Jiban Krishna Roy, who is most junior to all the petitioners and holding the post of Office Superintendent (Accounts) with effect from 28. 04 .1993 has been allowed fixation of Rs. 3880/- on 28.04.1993 and whereas the pay of the petitioners have been fixed at a much lower rate. For better appreciation in the matter the petitioners had formed a chart/table which is quoted as here under: <FRM>JUDGEMENT_186_GAULT4_1998Html1.htm</FRM>