LAWS(GAU)-1997-1-43

NIRMAL DEY AND ANR. Vs. STATE OF TRIPURA AND ORS.

Decided On January 06, 1997
Nirmal Dey And Anr. Appellant
V/S
State of Tripura and Ors. Respondents

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by the petitioner Shri Nirmal Dey and Shri Bimal Kuri for issuance of the a writ directing the respondents to treat all the members of the Tripura Home Guards Organisation as regular employees holding civil post and also to allow all the members of the Tripura Home Guards Organsisation all benefits of services including pay and allowances of Police Officials of equivalent rank from the respective date of service of the individual employee.

(2.) I have heard Mr. B. Das, the learned senior counsel appearing on behalf of the petitioners and Mr. A. Chakraborty, the learned Advocate General appearing on behalf of the respondents.

(3.) THE case of the Petitioner No. 2 is that he entered into the service under the Tripura Home Guards Organisation in 1976 as Platoon Commander which post is equivalent to Sub -Inspector of Police. After his appointment as Platoon Commander the Petitioner No. 2 was given the rank of Senior Platoon Commander with effect from March, 1989. His grievance is that even though the post of Platoon Commander is equivalent to that of Sub -Inspector of Police in Tripura Police he was not given the pay scale of Sub -Inspector of Police in Tripura. On the other hand, he is being paid at the rate paid to a Guardsman.