Judgment

PALEKAR, J:- This is an appeal by certificate granted by the Judicial Commissioner, Tripura under Article 132 (1) of the Constitution on the ground that the case involves a substantial question of law as to the interpretation of the Constitution.

2. The appellants belong to the cadre of Assistants employed in the Civil Secretariat, Tripura Administration, Agartala. The State of Tripura was integrated with the Union of India in 1949. In the year 1953 the Administrative set up in Tripura was reorganised and the reorganisation was given retrospective effect form 1st April, 1950. The Assistants in the Civil Secretariat were given the pay-scale of Rupees 80-4-160-5-180. The Second Pay Commission which was appointed by the Government of ndia later recommended the revision of the pay-scale of Tripura employees so as to bring them, as far as possible, at par with the scales prevalent in the State of west Bengal. Accordingly, the pay- scales of the Asistants in the Seceretariat were revised as follows :

Serial No. Name of posts Existing scale of pay Revised scale of pay w.e.f. 1-7-59 Remarks

2 Assistant Rs.80-180/- (i) Rs.150-10-300/- Selection

(101 posts) (for 25% posts) Grade

(ii) Rs.80-180/-

(for others)

This new scale was enfored from 1-7-1959.

3. By a later notification dated 4-2-1964, the Government of India promulgated the Tripura Employees (Revision of pay and Allowances) Rules of 1963, in exercise of the powers conferred by the proviso to Article 309 of the Constitution and this notification was given retrospective effect from 1-4-1961. The pay of the Assistants was revised in the manner shown below:

Serial No. Name of the post Existing scale of pay Revised scale of pay Remarks

7 Assistant Rs.80-4-124-EB- Rs.150-5-195-EB-5

4-160-5-180 Rs.250/-

Rs.150-10-300/- Rs.225-20-325-15-400/-

(for 25% of posts) (for 25% of posts)

4. In the meantime the Administration of Tripura held a test for the selection of Assistants to fill the 25% selection grade posts. The respondents 4 to 20 were some of the Assistants who were selected. The appellants have not challenged that selection but their grievance is that there should be only one class of Assistants with the same Scale of pay because all the Assistants do the same type of work and secondly they should be given the revised scale of Rs. 225-10-325-15-400. instead of Rupees 150-5-195-EB-5-250. They contended that in so far as the rules of 1963 did not contain any guidance for the selection of candidates for the said 25% of the posts, the executive authority was left to unguided and uncanalized power to select Assistants arbitrarily, and, hence, violated the protection given under Articles 14 and 16 of the Constitution. To enforce their the appellants filed a Writ Petition in the Court of the Judicial Commissioner at Tripura but the same was dismissed. The learned Judicial Commissioner,however, has granted a certificate to appeal to this court on the ground that a substantial question of law as to the interpretation of the Constitution was involved.

5. Mr. Chagla appearing on behalf of the Union of India and the Tripura Administration who are the first three respondents in this appeal raised a preliminary objection to the effect that the certificate granted by the learned Judicial Commissioner was not justified on the ground that a substantial question of law as to the interpretion of Constitution was involved. Since we are satisfied that there is no merit in the appeal it is not necessary to consider the preliminary objection.

6. The Writ Petition was really misconceived. There were 101 posts of Assistants in the Secretariat Prior to 1-7-1959 their pay scale was Rupees 80-4-160-5-180. All the Assistants were entitled to this scale. When the scale was revised with effect from 1-7-1959 two scales were introduced:

i) Rs. 150-10-300/- Selection Grade

(for 25% posts)

ii) Rs. 80/- -180/-

(for others)

In other words 25% of the posts were placed in the selection grade in the scale of Rs. 150-10-30