These writ petitions being W.P.(C) No.144 of 2014 [Smt. Sutapa Majumder vs. The State of Tripura & Others], W.P.(C) No.452 of 2014 [Sri Nikhil Chandra Das & Others vs. The State of Tripura & Others] and W.P.(C) No.74 of 2015 [Sri Haradhan Das & Others vs. The State of Tripura & Others] are clustered for disposal by a common judgment inasmuch as the questions raised in these writ petitions hinge on the grant of the revised pay scale of Rs. 1450-3710/- for the post of Pharmacist [Diploma] w.e.f. 01.01.1986 or from the date when the petitioners were appointed as the Pharmacist [Diploma] under the Directorate of Health Services or whichever is later but there are differences as well in the circumstances such as release of pay in the scale of pay of Rs. 1450-3710/- for which from the few petitioners, recovery of excess payment has been directed by the competent authority, however, without any prior notice. Hence, it would be appropriate for this Court to take note of such differences before addressing the common question whether the petitioners are entitled to the revised scale of pay of Rs. 1450-3710/- in terms of the Tripura State Civil Services (Revised Pay) Rules, 1988, hereinafter referred to as the ROP Rules, 1988.

W.P.(C) No. 144 of 2014

2. The petitioner in this writ petition namely, Smt. Sutapa Majumder was appointed as the Pharmacist by the order of appointment dated 03.03.1992 in the scale of pay of Rs. 1300-3220/-. Fundamentally, in terms of the order under No.F.4(6)-FIN(PC)/88/222-224 dated 31.10.2013, Annexure-P/11 to the said writ petition, hereinafter would be referred to as the order dated 31.10.2013 the petitioner has claimed the pre-revised scale of pay of Rs. 560-1300/- with its corresponding revised pay scale of Rs. 1450-3710/- under the ROP Rules, 1988. Since, in all these writ petitions as referred above, the said order has been relied, the entire text of the said order is reproduced hereunder:

“GOVERNMENT OF TRIPURA

FINANCE DEPARTMENT

SECRETARIAT, TRIPURA

No.F.4(6)-FIN(PC)/88/222-224

Dated, Agartala, 31st October, 2013

WHEREAS, Hon’ble Supreme Court in its proceeding dated 28.03.2011 dismissed the Special Leave Petition to Appeal (Civil) No.(S) 198/2011 filed by Shri Manoranjan Naha & others with a stipulation that the petitioner would like to make a representation to the authorities concerned;

AND WHEREAS, as per the Judgement dated 28.03.2011 of the Hon’ble Supreme Court and the representation dated Nil of Shri Manoranjan Naha & others, thereon Shri Manoranjan Naha (Alone petitioner) was given hearing on 06.07.2011 by the State of Tripura in Finance Department vide letter No.F.4(6)-FIN(PC)/88 dated 30.06.2011 and accordingly, Shri Manoranjan Naha and others along with their legal counsel Mr. S. Nanda Kumar, Advocate, Supreme Court of India presented them in the hearing on the day and submitted their grievances/contention/ argument in writing;

AND WHEREAS, further High Court of Tripura, Agartala in its Judgment in connection with W.P.(C) No.342/2012 filed by Shri Manoranjan Naha has directed the Joint Secretary (Now Additional Secretary), Finance Department to hear the Petitioner again on his representation dated 07.09.2011 and pass a reasoned order in accordance with Law;

AND WHEREAS, representation dated 07.09.2011 in pros and cons of the Petitioner (Shri Manoranjan Naha) has been heard on 31.10.2013 at the Chamber of the undersigned;

NOW THEREFORE, the entire matter has been re-examined taking all aspects into account. The non-diploma Pharmacist (re-designated from formerly ‘Compounder/Clerk-cum-Compounder’ in receipt of pre-revised pay scale of Rs.430-850/-) was provided the revised pay scale of Rs.1300-3220/- under TSCS (Revised Pay) Rules, 1988. The Pharmacists (with Diploma in Pharmacy) in receipt of the time pre-revised pay scale of Rs.560-1300/- appointed prior to 01.01.1986 were placed