JUDGMENT

1. Heard learned counsel, Mr. P. Roy Barman for the petitioner and learned counsel, Mr. N. Majumder for respondent Nos. 1 and 2 and learned Addl. G.A., Mr. S. Chakraborty for respondent Nos. 3 and 4.

2. Petitioner was initially appointed as a Stenographer on 01.04.1976 under the respondent No. 1 in the pay scale of Rs.325-665/-. He was, thereafter, promoted to the post of P.A. (Personal Assistant) to the Chairman of Tripura Khadi & Village Industries Board (for short, TKVIB) temporarily on ad-hoc basis vide order dated 30.07.1987 (Annexure-A to the writ petition) pursuant to the post created by the Board vide Resolution No. 23 dated 15.05.1985, adopted in the 90th meeting of the Board of TKVIB. The said resolution was subsequently approved by the State Government by a letter dated 29.07.1987. Being so appointed as P.A. to Chairman, TKVIB, the petitioner was discharging his duties with all sincerity and honesty to the satisfaction of the authority. All on a sudden by order No. TKB/2(120)/84-85/1360-62, dated 01.06.1988 issued by the respondent No. 2, Executive Officer, TKVIB, the petitioner was reverted to the post of Stenographer. The petitioner felt aggrieved, and accordingly challenged the order approaching the High Court by filing Civil Rule No. 270 of 1988 under Article 226 of the Constitution of India.

2.1. Thereafter, respondent No. 2, the Executive Officer of TKVIB vide Memo. dated 12.12.1990 (Annexure-B to the writ petition) revoked the order of reversion dated 01.06.1988 and reinstated the petitioner in the post of P.A. to Chairman with retrospective effect from 01.06.1988. It was further provided in the Memo. dated 12.12.1990 that the petitioner had been reinstated as a regular employee of TKVIB to the post of P.A. to Chairman in the pay scale of Rs.2,000-4430/- with retrospective effect from 01.06.1988 with all financial benefits, seniority and without break of service since his joining as P.A. to Chairman on 30.07.1987. Pursuant to the amicable settlement, the petitioner withdrew Civil Rule No. 270 of 1988.

2.2. While the petitioner was working as P.A. to Chairman, TKVIB, the benefit of Revision of Pay Rules, 1999 (for short ROP 1999) was not extended to the petitioner though the benefit of that rule was extended to other employees. Similarly situated such employees got the benefit w.e.f. 01.01.1996 and the pay scale of the petitioner was supposed to be revised to Rs.6,500-12,300/- w.e.f. 01.01.1996 but the benefit was not extended to the petitioner.

2.3. He submitted representations on 07.06.2001 and 04.07.2003 (Annexure-C and Annexure-D respectively to the writ petition) but still the benefit was not extended to him. By a letter dated 20.08.2003 (Annexure-E to the writ petition) he was informed by the Executive Officer of TKVIB that the Finance Department observed that the post of P.A. to the Chairman was created for six months and no further continuation was sought and, as such, the post could not continue beyond six months and as a result the post was abolished and lapsed long back. However, the existing Jr. Stenographer may work as P.A. to the Chairman. The petitioner contended that the observation of the Finance Department which was communicated by respondent No. 2 to the petitioner was highly arbitrary and unsustainable since the petitioner was already confirmed in the post of P.A. to Chairman on his satisfactory completion of probation period.

2.4. It is stated by the petitioner that he had withdrawn Civil Rule No. 270 of 1988 on the specific and categorical assurance given by the respondents that he would be reinstated to the post of P.A. to Chairman, and thereafter the respondents would not take a stand contrary to the assurance given and contrary to Memo. dated 12.12.1990 (Annexure-B to the writ petition). The petitioner contended that he was promoted to the post of P.A. to Chairman against a duly created post with the approval of the authority and the said post was in existence since its