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2011 Supreme(Gau) 308

BIPLAB KUMAR SHARMA
Krishna Bhatta – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
For Appellant/Plaintiff:S. Talapatra, Senior Advocate and B. Banerjee, Advocate
For Respondents/Defendant: S. Chakraborty, GA

JUDGMENT

Biplab Kumar Sharma, J.

1. The controversy raised in this writ petition is as to whether the Petitioner should be paid his salary in the scale of pay or Rs. 4200-8650/- (pre-revised) at par with the Upper Division Clerk (Law) and/or he should be allowed to continue in the pay scale of Rs. 3300-7100/-.

2. The Petitioner who had been working as Advocate's Clerk having attached to the office of the Public Prosecutor since 1.11.1993, was appointed as a Law Clerk in the establishment of Legal Remembrancer under the Law Department, Govt. of Tripura on fixed pay of Rs. 2145/- per month w.e.f. 27.04.2002. The appointment was entertained against the fixed pay post of Law Clerk created by the Finance Department vide order dated 19.11.2007 as indicated in the Annexure-1 order dated 20.12.2007.

3. By Annexure-2 representation dated 22.12.2007, the Petitioner made a request for modifying the fixed pay to Rs. 2730/- as per his entitlement. However, nothing followed thereafter. By Annexure-4 representation dated 4.3.2009, the Petitioner made a request for designating him as UDC (Law) at par with such designation in the other department, more particularly, the Health and Family Welfare Depart
























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