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 Department and to provide him salary in the pay scale of Rs. 4200 - 8650/-, as per the provisions of 15th amendment to ROP Rules, 1999. In the mean time, as per the policy decision of the Government, on completion of 5 (five) years of service as fixed pay Law Clerk, the Petitioner was provided with the time scale of pay of Rs. 3300-7100/-, which according to the Petitioner ought to be Rs. 4200-8650/-.

4. As contained in Annexure-5 communication dated 11.5.2009 addressed to the learned Counsel who had issued legal notice on behalf of the Petitioner, the Under Secretary, Law Department, observed thus:

5. That the contents of para 5 of your Notice is partly true and hence not admitted. Law Department had requested Finance Department, Government of Tripura several times for regularization the services of Sri Krishna Bhatta, law Clerk (Fixed pay) in the scale of pay of Rs. 4200-8650/- w.e.f. 27-04-2007 as he has completed five years of service in the post of law Clerk on fixed pay basis in the LR's Estt. of Law Department on 27-04-2007. State Government in the Finance Department has decided that, Sri Bhatta is entitled to the pay scale of Rs. 3300-7100/- in the post of Law clerk. Therefore, his wages was fixed at Rs. 2145/- as per decision of the State Government.

5. After the aforesaid development, the Petitioner made further representation urging upon the authorities to provide him with the pay scale as has been made applicable to the Law clerk working in the Health and Family Welfare Department. Nothing having been followed, the Petitioner approached this Court by filling the instant writ petition.

6. In the counter affidavit filed by the Respondents, their action in providing the Petitioner the pay scale of Rs. 3300-7100/- has been justified with the statement that the duties and responsibilities of a Law Clerk working in the Health and Family Welfare Department are different with that of the duties and responsibilities of a Law Clerk working in the Law Department. However, no particulars have been furnished as to how the duties and responsibilities of a Law Clerk working in the said two departments are different. In paragraph 12 of the counter affidavit, it has been stated that the Govt. of Tripura has not approved the proposal for providing the Petitioner the pay in the time scale of Rs. 4200-8650/- as the nature of duties and responsibilities involved in the post of Law Clerk of other department are not the same. However, no material particulars have been furnished as to how they are different. Such stand has been repeated in paragraph 15 of the counter affidavit.

7. The Petitioner has filed a rejoinder affidavit to the aforesaid counter affidavit filed by the Respondents bringing on record the certain inter-departmental correspondences, which the Petitioner