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IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
S.C. Das, J.
Dipak Chowdhury & Ors. - Appellants
Vs.
State of Tripura - Respondent
WP (C) No. 222 of 2009
Decided On : 09.08.2012
Tripura State Civil Services (Revised Pay) Rules, 1999 – Tripura Government Stenographers Service Rules, 1977 – Rule 2 and 10 – Amendment – Satisfactory Service – Claiming Seniority – Petitioners contended that their seniority should be counted from date of their movement to P.S.-IV Grade by virtue of notification issuing notification seniority position of petitioners in Grade of service was disturbed andthey made a representation to the appropriate authority vide Annexure 7 to writ petition and in response thereto the appropriate authority employee of any cadre service appointed to a grade of Group-B or A posts shall move to the next higher grade on completion of seventeen years continuous and satisfactory service in existing grade, if in the mean time he does not get any promotion – Held, Petitioners giving them pay scale and other benefits of the next higher Grade – It does not mean that they were appointed in the next higher Grade either permanently or temporarily, pursuant to rules and therefore, their seniority cannot be isolatedly predetermined without taking into consideration total strength of service and the other appointments made to service time to time. In other way it may be said that claim of petitioners to determine their seniority date of their movement to the higher Grade under CAS, is premature petitioners did not challenge notification under which they were enjoying benefits of CAS and also claiming seniority wherein it is also specified in shall not be treated as promotion to next higher grade – Petition dismissed.
S.C. Das, J.
1. The petitioners, were all members of Tripura Government Stenographers' Service working in the Grade of Personal Assistant-I (for short, P.A.-I) a Group-B non-gazetted ministerial post, appointed as per the provisions of Tripura Government Stenographers' Service Rules, 1977. The Tripura State Civil Services (Revised Pay) Rules, 1999 (for short, ROP Rules, 1999), vide its 7th amendment Rules, 2001 notified on 19th May, 2001 (Annexure 2 to the Writ Petition) prescribed certain benefits, in the form of Career Advancement Scheme (for short, CAS), for the employees, who completed 17 years of continuous service in a Grade without promotion to the next higher Grade. The relevant rule prescribes thus:-
(3) An employee of any cadre service appointed to a grade of Group-B or A posts shall move to the next higher grade on completion of seventeen years' continuous and satisfactory service in the existing grade, if in the mean time he does not get any promotion.
(4) The benefit of movement to a higher grade shall be personal to the employee concerned and shall not involve any increase in the cadre strength. Where the cadre rule so requires or as per the rules it is not possible to accommodate the employee within the cadre strength of the higher grade, the movement shall not entail change or nature of duties:
2. Vide a notification dated 30.10.2004 (Annexure 4 to the writ petition), the petitioners were allowed the benefit under CAS pursuant to notification dated 19.05.2001. The contents of said notification read thus:-
In pursuance of the Finance Department, Government of Tripura Notification No. F. 6(1)-FIN(PC)/98 dated 19th May, 2001 the Governor is pleased to allow the benefit under the Career Advancement Scheme in respect of the following P.As.-I (Personal Assistants) of the Tripura Government Stenographers' Service on completion of their 17 (seventeen) years' continuous and satisfactory service in the existing grade without any promotion to next higher grade:
1. ... ... ....
... ... ....
44... ... ...
2. Such benefit under the Career Advancement Scheme in respect of the above members of the Stenographers' Service will be effective from 05.08.2004 i.e. from the date on which they have completed 17 years' continuous service in the existing grade.
3. The concerned Personal Assistants-I henceforth on allowing such benefit towards movement to next higher grade, shall be designated as the Private Secretary-IV but such movement shall not be treated as promotion to next higher grade. However, the benefit of movement to higher grade shall be personal to the employee concerned.
4. The pay of the concerned Personal Assistants-I, on allowing such benefit of Career Advancement Scheme, shall be guided under F.R. 22(1)(a)(2).
By order of the Governor,
(R.P. Dutta)
Under Secretary to the Government of Tripura.
3. Vide another notification dated 28.12.2004 (Annexure 5 to the writ petition), the petitioners were allowed the Group 'B' gazetted status as attached to Private Secretary-IV (for short, PS-IV) Grade.
4. The authority, vide notification dated 17.09.2007 (Annexure-6 to the writ petition), notified the promotion of the petitioners along with others regularly to the post of PS-IV. The said notification reads thus:-
In pursuance of Rule 10(2)(b) of the Tripura Government Stenographers' Service Rues, 1977, the Governor, in consultation with the Tripura Public Service Commission, is pleased to appoint the following Personal Assistants(P.A.-I) of the Tripura Government Stenographers' Service to the post of Assistant Private Secretary (P.S.-IV), on promotion, on regular basis in the scale of pay of Rs. 7,450 - 13,000/- plus other allowances as admissible from time to time allowing prospective effect:
1. ... ... ...
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58... ... ...
2. On promotion, the officers will continue in the offices where they are posted now until further orders. Pay etc. of the concerned officers will be fixed as per rules.
5. The petitioners contended that their sen
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