Public employment conditions and pay scales are guided by the service rules, and employees are bound to adhere to the prescribed pay scales based on their respective service rules.

Pursuant to an advertisement No.2(A) dated 15.03.2005, made by the Tripura Public Service Commission for filling up of two posts of Deputy Director (Higher Education) under the Education (Higher) Department, the petitioners having felt eligible for the posts applied and they were accordingly selected and by notification dated 11.11.2005, they were appointed to the post of Deputy Director(Higher Education), Education (Higher) Department of the Govt. of Tripura.

2. The grievance of the petitioner is that they were given the pay scale of Rs.7,800-15,100/- whereas in respect of the Deputy Directors of the Education (School) Department; Education (Social Welfare and Social Education) Department; Education (Youth Affairs and Sports) Department and some other identical departments, the pay scale of Rs.10,000-15,100/- was given. The petitioners became the victims of hostile discrimination and therefore they made representations to the Director of School Education but their representations were turned down and therefore they filed the writ petition seeking direction to the respondent Nos. 1 to 3 to give them the pay scale of Rs.10,000-15,100/- (prerevised) from the date of their appointment.

By filing rejoinder affidavit, the petitioners also brought a fact that one Ambalika Dutta who was appointed as Deputy Director (Science Promotion) under the School Education Department was also given the pay scale of Rs. 7,800-15,100/- but subsequently she was given the pay scale of Rs.10,000-15,100/- w.e.f. her date of joining and the petitioners are similarly situated and so they also should be given the same pay scale.

3. Respondent Nos. 1, 2 and 3 filed a joint counter affidavit and respondent No.4 also filed a separate counter affidavit. Respondents contended that the petitioners knowing fully well about the service rule of the Deputy Director, Higher Education under the Education (Higher) Department applied for the post pursuant to the advertisement wherein the pay scale has been clearly mentioned and while they consciously applied and got the job they cannot claim a different pay scale which has been given to some other posts of Deputy Director in other Departments.

4. Learned counsel Mr. Roy Barman appearing for the petitioners submitted that the petitioners are victims of hostile discriminations since they have been given a lower pay scale of Rs.7,800-15,100/- whereas the Deputy Directors of other Departments have been given the pay scale of Rs.10,000-15,100/- at the recruitment stage. He has also contended that Education Department was a single Department earlier before it was trifurcated to Education (Higher) Department; Education (School) Department; Education (Youth Affairs and Sports) Department. Subsequently another Department i.e. Education (Social Welfare and Social Education) was created and in all those Departments there were posts of Deputy Directors having similar qualification and similar experience for direct recruitment but the pay scales have been made different and in case of the petitioners i.e. the Deputy Director (Higher) Education, the pay scale has been made Rs.7,800-15,100/- whereas for the Deputy Directors of other Departments and similar other Departments of the Govt. like that of Deputy Directors of Prosecution, Labour and Employment Officer etc. has been given the pay scale of Rs.10,000-15,100/-. According to Mr. Roy Barman the petitioners are entitled to get the pay scale of Rs.10,000-15,100/- like that of the Deputy Directors in the other Departments and he has also submitted that one Ambalika Dutta, Deputy Director (Science Promotion) under the Education Department was also given the pay scale of Rs.7,800-15,100/- at the time of initial appointment but subsequently she was given the pay scale of Rs.10,000-15,100/- and similar treatment may be rendered to the petitioners.

5. Learned G.A., Mr. Dutta Majum