Tripura High Court
Smt. Lipika Bhattacharjee vs The State Of Tripura on 4 June, 2018
Author: S. Talapatra
Bench: S. Talapatra
1
THE HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No. 1286 of 2017
Smt. Lipika Bhattacharjee,
daughter of Sri Ranjit Bhattacharjee,
resident of Indranagar, Kabarkhala,
P.S. East Aqartala, District- West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Mr. DC Nath, Addl. GA
W.P.(C) No. 1287 of 2017
Smt. Moushumi Paul,
daughter of Sri Mantu Chandra Paul,
resident of Shyamali Bazar, P.O. Kunjaban,
Agartala, West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
2
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Mr. DC Nath, Addl. GA
W.P.(C) No. 1288 of 2017
Smt. Arpita Datta,
daughter of Anil Baran Datta,
resident of Krishnanagar road, Datta Kutir Lane,
Agartala, West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Mr. DC Nath, Addl. GA
W.P.(C) No. 1289 of 2017
Sri Tapas Debbarma,
son of Maniram Debbarma,resident of Rabianarayanpara,
Bodhjungnagar, Lefunga, Agartala, West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
3
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector, West Tripura District
... Respondents
For the respondents: Mr. DC Nath, Addl. GA
W.P.(C) No. 1314 of 2017
Sri Kamaljit Debbarma,
son of Ananda Mohan Debbarma,
resident of Sriram Thakurpara, Samatal Padmabil,
Khowai, Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Mr. DC Nath, Addl. GA
4
W.P.(C) No. 1290 of 2017
Sri Sukanta Chakraborty,
son of Debaprasad Chakraborty, resident of Dhaleswar,
Road No.1, Agartala, West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Ms. AS Lodh, Addl. GA
W.P.(C) No. 1291 of 2017
Sri Samarjit Debbarma,
son of late Chittaranjan Debbarma, resident of A.D.Nagar,
Police Quarters complex, B-150, Agartala, West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
5
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Ms. AS Lodh, Addl. GA
W.P.(C) No. 1292 of 2017
Sri Priya Ranjan Debbarma,
son of Pakhirai Debbarma, resident of Surendranagar,
Darogamura, Sidhai, West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Ms. AS Lodh, Addl. GA
W.P.(C) No. 1299 of 2017
Sri Ujjal Saha,
son of late Gurupada Saha, resident of College Tilla,
P.O. Agartala College, P.S. East Agartala,
District- West Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
6
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Ms. AS Lodh, Addl. GA
W.P.(C) No. 1315 of 2017
Sri Gopal Chandra Das,
son of late Radgaranab Das, resident of Panisagar,
Dharmanagar, North Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Ms. AS Lodh, Addl. GA
W.P.(C) No. 1598 of 2017
Sri Anjan Saha,
son of late Rabindra Kumar Saha, resident of Chandipara,
P.O. Amarpur, P.S. Birganj,District- Gomati, Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
7
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Ms. R. Purkayastha, Advocate
W.P.(C) No. 1611 of 2017
Sri Simul Ranjan Das,
son of Nakul Chandra Das, resident of West Kalabaria,
P.O. Maichara, P.S. Belonia, District- South Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector, West Tripura District
... Respondents
For the respondents: Ms. R. Purkayastha, Advocate
8
W.P.(C) No. 1612 of 2017
Sri Sanjay Chandra Paul,
son of Sri Rameswar Paul, resident of Birbal Das Para,
Amarpur, P.S. Birganj, District- South Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Mr. N. Majumder, Advocate
W.P.(C) No. 1597 of 2017
Sri Jayanta Debnath,
son of Sri Dhirendra Chandra Debnath, resident of Noagaon,
Kamalpur, District- Dhalai, Tripura
... Petitioner
For the petitioner: Mr. K. Nath, Advocate
- Versus-
1. The State of Tripura,
represented by the Secretary, Department of Finance,
Government of Tripura, New Secretariat Complex,
P.S. New Capital Complex, P.O. Kunjaban, Agartala,
West Tripura
2. The Secretary,
Government of Tripura, Rural Development Department,
New Secretariat Complex, P.S. New Capital Complex,
P.O. Kunjaban, Agartala, West Tripura
3. The District Magistrate & Collector,
West Tripura, Agartala, Akhaura Road, P.O. Agartala,
P.S. West Agartala, District- West Tripura
9
4. Senior Deputy Magistrate,
Head of Office, Office of the District Magistrate &
Collector,West Tripura District
... Respondents
For the respondents: Mr. N. Majumder, Advocate
BEFORE
THE HON'BLE MR. JUSTICE S. TALAPATRA
Date of hearing & delivery
of Judgment and Order : 14.12.2017
Whether fit for reporting : NO
JUDGEMENT AND ORDER (ORAL)
Heard Mr. K. Nath, learned counsel appearing for the petitioners as well as Mr. DC Nath, learned Additional Government Advocate, Ms. AS Lodh, learned Additional Government Advocate, Mr. N. Majumder, learned counsel and Ms. R. Purkayastha, learned counsel appearing for the respondents.
2. All these petitions being WP(C) 1286 of 2017 [Smt. Lipika Bhattacharjee vs. The State of Tripura and others], WP(C) 1287 of 2017 [Smt. Mousumi Paul vs. The State of Tripura and others], WP(C) 1288 of 2017 [Smt. Arpita Datta vs. The State of Tripura and others], WP(C) 1289 of 2017 [Sri Tapash Debbarma vs. The State of Tripura and others], WP(C) 1290 of 2017 [Sri Sukanta Chakraborty vs. The State of Tripura and others], WP(C) 1291 of 2017 [Sri Samarjit Debbarma vs. The State of Tripura and others], WP(C) 1292 of 2017 [Sri Priya Ranjan Debbarma vs. The State of Tripura and others], WP(C) 1299 of 2017 [Sri Ujja1 Saha vs. The State of Tripura and others], WP(C) 1597 of 2017 [Sri Jayanta Debnath vs. The State of Tripura and others], WP(C) 10 1598 of 2017 [Sri Anjan Saha vs. The State of Tripura and others], WP(C) 1611 of 2017 [Sri Simu1 Ranjan Das vs. The State of Tripura and others] WP(C) 1612 of 2017 [Sri Sanjoy Chandra Paul vs. The State of Tripura and others] WP(C) 1315 of 2017 [Sri Gopa1 Chandra Das vs. The State of Tripura and others] and WP(C) 1314 of 2017 [Sri Kama1jit Debbarma vs. The State of Tripura and others] are consolidated for disposal by a common judgment and order inasmuch as the resume of facts constituting the cause for this writ petition and the reliefs sought are identical and does not require independent examination by this court.
3. The petitioners by means of this writ petition have urged this court to quash the letter no. F.1(30)-DM/WIESTT/BLOCK/ Vo1-IX/2014/3700-705 dated 23.09.2015 issued from the office of the District Magistrate & Collector, West Tripura. It has been further urged before this court for directing the respondents to regularize the service of the petitioners to the post of Senior Computer Assistant under the Rural Development Department, Government of Tripura with effect from the date when the petitioners have completed five years of service as fixed pay employee and to pay all consequential arrears of salary.
4. Mr. K. Nath, learned counsel appearing for the petitioners has taken this court to the appointment letters which were issued by the order dated 15.11.2009 (Annexure 4 to the writ petition). The said orders of appointment were issued in terms 11 of the offers of appointment which contain the terms and conditions as are reflected in the memorandum dated l6.06.200 and which read as under:
No. F.8(4)-RD/2006(SHADOW-ii)2733-55 Government Of Tripura Rural Development Department Secretariat Complex, Agartala th Dated the 16 June, 2009 MEMORANDUM Anjan Saha is hereby issued offer-of-appointment to the temporary post of Computer Operator (CIC) (Group - ... Non-Gazetted) on fixed pay basis of Rs.3000/- (pre- revised_ per month under R.D. Department with the following terms and conditions:-
(i) The appointment is purely on temporary basis. The appointment may be terminated at any time by one month's notice given by either side, namely, the appointee or the appointing authority without assigning any reasons. The appointing authority, however, reserves the right to terminate the services of the appointee forthwith or before the expiry of this stipulated period of notice by making payment of a sum equivalent to the pay and allowances for the period of notice of the un-expired portion thereof.
(ii) The appointment carries the liability with the appointee to serve in any part of the State of Tripura.
(iii) The probation period shall be 2(two) years.
(iv) Other conditions of service will be governed by the relevant rules and orders in force from time to time.
2. The appointment will be further subject to:
(i) Production of a certificate of fitness from Civil Surgeon/Medical Superintendent/Deputy Superintendent of IGM or GB hospital, Agartala/ Chief Medical Officer of the District/ Sub-Divisional Medical Officer. In case of physically handicapped persons such medical fitness certificate should be obtained from the Chairman, Spl. Medical Board for Physically Handicapped persons, Govt. of Tripura.
(ii) Citizenship/PRTC certificate, Age-proof certificate in original.
(iii)Submission of enclosed attestation form duly filled in.
(iv)Taking of an oath of allegiance to the constitution of India in enclosed prescribed forms.
(v) Degree/Diploma certificate of educational qualification in original.
(vi)Character certificate from any Gazetted Officer of Central/State government.
(vii) Certificate in the prescribed form in support of candidates belonging to SC/ST in original
(viii) Discharge certificates of previous employment if any, in original.
(ix) Certificate regarding the total income of the members of his or her family including his own, if any, from all sources from the SDM, Revenue Officer.
(x) Employment Registration Card in original.
3. It may please be stated whether the candidate is serving or he/she is under obligation to serve, the Central Government or any other State Government or in Public Authority.
4. If any declaration given or information furnished by the candidates proves to be false or if the candidate if found to have willfully suppressed any information, she/he will be liable to be removed from service and such other action as the Government may deem necessary.
5. If candidates accept the offer-of-appointment he/she will have to submit the same along with all required documents to the office of the undersigned by is" July, 2009. If no reply is received or the candidate fails to submit the offer-of-appointment by the prescribed date the offer-of-appointment will be treated as cancelled.
6. The expenditure shall be debatable to the major head of account-2515-0ther R.D. Program-001-Direction and Administration under Demand No. 31(Plan),
7. No TA/DA will be allowed for submitting the offer-of-appointment. 12 Mr. Nath, learned counsel has submitted that the fixed pay engagement of the petitioners are guided by the memorandum no. F.I0(2)/FIN(G)/05/Part-I dated 16.10.2007 (Annexure 8 to the writ petition). The relevant passage from that memorandum dated 16.10.2007 is extracted hereunder:
GOVERNMENT OF FINANCE th No. F.10(2)/FIN(G)/05/Part-I Dated, the 16 October'2007 MEMORANDUM Subject:- Providing of different benefits to employees recruited on fixed pay basis by keeping abeyance regular pay scale posts.
Under a policy decision of the State Govt. a system was introduced in the later part of year 2001 for recruitment of Group 'e' and 'D' Staff other than uninformed personnel on fixed pay basis by keeping abeyance the concerned regular pay scale posts. Under the system first of all fixed pay posts are created against available regular pay scale posts with concurrence of the Finance Department. After that candidates are selected by the Departments on observance of all occurred formalities in compliance to the provisions of RR for the concerned regular pay scale post and recruited on fixed pay basis. The fixed pay amount is determined under formula 75% of initial basic pay in the time scale of Group-C employees. Further a number of fixed pay posts including supernumerary posts were/are also created/ continued to be created for providing jobs under die-in- harness cases/extremist violence cases. Subsequently in the Budget declaration of 2005 07, a policy decision was announced to the effect that such fixed pay employees on completion of S(five) years of service will be provided regular pay scale.
2. Although the above category of Fixed pay employees were recruited on observance of all required formalities of selection including formal creation of posts and adherence to the provisions of the concerned RR, it is observed that they are yet to get service benefits viz. leave, die-in-harness scheme, seniority and counting of full serviced of fixed pay period for the purpose of pension and retirement benefits and maintenance of service records like regular government employees vide following benefits.
(i) Those employees who were recruited on Fixed pay basis against fixed pay posts created by keeping abeyance regular scale posts and recruited on observance of all required formalities including adherence to provisions of RR would be provided benefit of leave coverage under die-in-harness scheme, seniority in service like regular pay scale employees, counting of full fixed pay period for the purpose of pension and retirement benefits, identical benefits would be provided to the fixed pay employees appointed against supernumerary posts created in different departments for providing jobs under extremist violence casesl die-in-harness cases. Department-wise list of such employees whose particulars have been found consistent with the requirement is enclosed herewith.
Mr. Nath, learned counsel has further referred to the Recruitment Rules for the post of Senior Computer Assistant under RD Department (Annexure 8 to the writ petition) and contended that the petitioners are well qualified to be regularly recruited as the Senior Computer Assistants and thus there is no 13 impediment to give them the regular pay scale immediately on completion of the five years from the day of appointment as the fixed pay employee. Mr. Nath, learned counsel has referred to the communication dated 29.12.2012 (Annexure 12 to the writ petition) and submitted that the similarly circumstanced persons who were working as Senior Computer Operator on fixed pay basis have been given the similar benefit on completion of their five years of service.
5. Appearing for the respondents, both Ms. AS Lodh, learned Additional Government Advocate and Mr. DC Nath, learned Additional Government Advocate have submitted that the petitioners were not initially appointed on fixed pay basis by keeping the regular pay scale in abeyance and as such they are not covered by the memorandum dated 16.10.2007 (Annexure 8 to the writ petition). From a bare reading of their offer of appointment, on the basis of which their letter of appointment was issued it would be apparent that they were simply appointed on fixed pay basis and they were made amenable to termination at any point of time. It is clear that that temporary appointment was not made in a regular pay scale post, to be guided by the said memorandum dated 16.10.2007 which is a product of the policy decision taken by the government in the year 2001. Even when the petitioners were appointed, they were not entertained against the regular post. At that relevant point of time, there was no such regular post. The respondents, as, a beneficial measure in order to give the benefits of their 14 service by the notification under No. F.8(24)-RD/2015 (SHADOW)/2028 dated 07.11.2017, created 15 fixed pay posts of Senior Computer Assistants in the RD Department ex post facto by keeping in abeyance the similar number of regular post of Senior Computer Assistants under the RD Department. It was also observed in the said notification that these posts will remain personal to the incumbents holding the posts at present on fixed pay basis. For purpose of reference, the entire text of the said notification dated 07.11.2017 is extracted hereunder:
Government of Tripura Rural Development Department th No. F.8(24}-RD/2015 (SHADOW)/2029 Dated, Agartala, the 7 November,Z017 _N_O_T_ J_F_ I_C_A_T_I_O_N_ Subject:- Ex-post facto creation of 15(fifteen) fixed pay posts of Senior Computer Assistants in R.D. Department.
Fifteen posts of Senior Computer Assistant are created with effect from 17.06.2010 on fixed pay basis by keeping in abeyance similar number of regular scale posts of Senior Computer Assistant created vide R.D. Department Notification No. F.8(Z4}-RD/Z015 (SHADOW}/2028 dated 07.11.2017. These posts will remain personal to the incumbents holding the posts at present on fixed pay basis.
A list of the incumbents is given in Annexure-1. This is issued with the concurrence of Finance Department obtained vide U.O. No. 1211/Fin(G}/17 dated 27.10.2017.
By order of the Governor Enclo: As stated above.
Sd/illigible (A. Debbarma) Joint Secretary to the Government of Tripura
6. With the said notification dated 07.11.2017, the persons who are holding the posts have been catalogued in Annexure-l and the names of the petitioners are available in that catalogue and in this there is no dispute. It has been submitted by the learned counse1 appearing for the respondents that before 17.06.2010, there was no regular pay scale post, for purpose of keeping in abeyance the regular pay scale, was available in the department to accommodate the petitioners and hence by the notification dated 07.11.2017 the substantive grievance of the petitioners have been substantially addressed by the 15 respondents and hence this writ petition does not survive for further consideration.
7. Mr. Nath, learned counsel appearing for the petitioners has responded by stating that it was the duty of the benevolent government to create those posts from the date when the petitioners were engaged as fixed pay basis otherwise each of the petitioners would lose the substantive period for getting the regular pay scale.
8. Having regard to the submissions made by the learned counsel appearing for the parties, this court would primarily observe as under:
There cannot be any amount of dispute that when the petitioners were engaged as the fixed pay employee, they were not entertained against the posts whose pay scale were kept in abeyance for five years for providing the fixed pay appointment to the petitioners. Such posts were created by the notification dated 07.11.2017 retrospectively from 17.06.2010. Before that there was no existence of such post and, therefore, the petitioners could not be engaged in such posts to be covered by the memorandum dated 16.10.2007 (Annexure 8 to this writ petition).
Since, by the notification dated 07.11.2017, the respondents created 17 posts of Senior Computer Assistants w.e.f. 17.06.2010, the petitioners shall be adjusted from that date as the fixed pay employee whose regular pay scale be treated as kept in abeyance for five years and they all are to be moved to the regular pay scale w.e.f. 16.06.2015. Thus, the arrear pay and allowances from 16 16.06.2015 shall be released within a period of three months from the date when the petitioners shall submit a copy of this order.
So far the submission of Mr. Nath, learned counsel appearing for the petitioners is concerned in respect of creating the post of Senior Computer Assistant in the manner as created by the notification dated 07.10.2017, this court does not have any jurisdiction over that issue. However, it would be open to the petitioners to approach the respondents for creation of the post from the date of their appointment and it will be in the domain of the respondents to decide whether such benefit can be granted to the petitioners or not. It goes without saying that in the event of creation of the post from a proponed day, the petitioners will get the benefit in terms of the notification dated 16.10.2017 (Annexure 8 to the writ petition) from the date when they would complete the five years of service as the fixed pay employee. Their arrears shall be paid in the manner as observed above.
Accordingly, it is ordered.
9. In the result, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs.
A copy of the notification dated 07.11.2017 as produced by Mr. DC Nath, learned Additional Government Advocate be made part of this record.
JUDGE Saikat