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2017 Supreme(Tri) 283
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Sri Swapan Chakraborty, S/o Jogendra Kumar Chakraborty & Ors. - Petitioners
Vs.
The State of Tripura, represented by Secretary cum Commissioner, Finance Department & Ors. - Respondents
WP(C) 119, 120, 121, 122, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 143, 144, 145, 146, 147, 153, 154, 155, 157, 158, 159, 160, 161, 163, 164, 165, 166, 167 & 175 of 2017
Decided On : 23-06-2017
For the Petitioners: Mr. R. Dutta.
For the Respondents: Mr. T.D. Majumdar, Mr. P. Dutta.
The main legal point established in the judgment is the entitlement of employees to the appropriate pay scale from the date of their appointment, and the obligation of the employer to make payment of arrears of pay and allowances within a specified time frame.
Headnote:
Pay Scale - Regularization of Employment - [Heavy Vehicle Drivers, Tripura Road Transport Corporation] - [No.F.1(100)-TRTC/(ESTT)/OFFER.99/VOL-II/329] - The court discussed the regularization of employment of Heavy Vehicle Drivers and their entitlement to the pay scale of Rs.4000-7890. The court referred to the order dated 01.06.2007 and the subsequent memorandum dated 27.12.2010, and applied the legal principle established in the case of State of Punjab and Ors. Vs. Jagjit Singh and Ors. (AIR 2016 SC 5176) to determine the entitlement of the petitioners to the pay scale. The court also relied on the previous decision in Dipak Das & Ors. Vs. State of Tripura and Ors. (WP(C) 452/2012) to support its decision to grant the petitioners the scale of pay of Rs.4000-7890 from 01.04.2007. The court further directed the respondent-Corporation to make payment of arrears of pay and allowances to the petitioners within a specified time frame.
Fact of the Case:
The writ petitioners were initially appointed as Heavy Vehicle Drivers on a fixed pay basis and subsequently brought under the regular establishment with a regular pay scale of Rs.3300-7100. They challenged the prospective operation of a memorandum dated 27.12.2010, claiming entitlement to the pay scale of Rs.4000-7890 from the date of their appointment.
Finding of the Court:
The court found that the petitioners were entitled to the scale of pay of Rs.4000-7890 from 01.04.2007 as Heavy Vehicle Drivers working under the TRTC. The court set aside the memorandum dated 27.12.2010 and directed the respondent-Corporation to make payment of arrears of pay and allowances to the petitioners within a specified time frame.
Issues: The main issue was the entitlement of the petitioners to the pay scale of Rs.4000-7890 from the date of their appointment as Heavy Vehicle Drivers.
Ratio Decidendi: The court applied the legal principle established in the case of State of Punjab and Ors. Vs. Jagjit Singh and Ors. (AIR 2016 SC 5176) to determine the entitlement of the petitioners to the pay scale. The court also relied on the previous decision in Dipak Das & Ors. Vs. State of Tripura and Ors. (WP(C) 452/2012) to support its decision to grant the petitioners the scale of pay of Rs.4000-7890 from 01.04.2007.
Final Decision: The court allowed the writ petitions, set aside the memorandum dated 27.12.2010, and directed the respondent-Corporation to make payment of arrears of pay and allowances to the petitioners within a specified time frame.
Heard Mr. R Dutta, learned counsel appearing for the petitioners as well as Ms AS Lodh, learned Addl. GA, Mr. S Bhattacharjee, learned counsel & Mr. B Dutta, learned counsel appearing for the respondents and Mr. P Dutta, learned counsel appearing for the Corporation-respondent.
2. All these writ petitions, being WP(C) 119/2017 [Swapan Chakraborty Vs. State of Tripura and Ors], WP(C) 120/2017 [Ranjan Choudhury Vs. State of Tripura and Ors.], WP(C) 121/2017 [Tapan Deb Vs. State of Tripura and Ors.], WP(C)122/2017 [Nepal Debnath Vs. State of Tripura and Ors.], WP(C) 125/2017 [Narayan Barman Vs. State of Tripura and Ors.], WP(C) 126/2017 [Dipak Kr. Ghosh Vs. State of Tripura and Ors.], WP(C) 127/2017 [Amar ch. Das Vs. State of Tripura and Ors.], WP(C) 128/2017 [Gouranga Das Vs. State of Tripura and Ors.], WP(C) 129/2017 [Falguna Hari Jamatia Vs. State of Tripura and Ors.], WP(C) 130/2017 [Ajoy Chakraborty Vs. State of Tripura and Ors.], WP(C) 131/2017 [Dilip Debnath Vs. State of Tripura and Ors.], WP(C) 132/2017 [Badal Sutradhar Vs. State of Tripura and Ors.], WP(C) 133/2017 [Sunil Ch. Das Vs. State of Tripura and Ors.], WP(C) 134/2017 [Kshirode Debbarma Vs. State of Tripura and Ors.], WP(C) 135/2017 [Md Mangal Miah Vs. State of Tripura and Ors.], WP(C) 136/2017 [Dilip Kr. Das Vs. State of Tripura and Ors.], WP(C) 137/2017 [Anath Debbarma Vs. State of Tripura and Ors.], WP(C) 138/2017 [Kamal Majumder Vs. State of Tripura and Ors.], WP(C) 139/2017 [Niranjan Debbarma Vs. State of Tripura and Ors.], WP(C) 140/2017 [Soumendra Debbarma Vs. State of Tripura and Ors.], WP(C) 143/2017 [Nani Gopal Saha Vs. State of Tripura and Ors.], WP(C) 144/2017 [Md Amir Hussion Vs. State of Tripura and Ors.], WP(C) 145/2017 [Sankar Ch. Das Vs. State of Tripura and Ors.], WP(C) 146/2017 [Anu Debbarma Vs. State of Tripura and Ors.], WP(C) 147/2017 [Swapan Debbarma Vs. State of Tripura and Ors.], WP(C) 153/2017 [Rathindra Nath Das Vs. State of Tripura and Ors.], WP(C) 154/2017 [Sukhen Ch. Das Vs. State of Tripura and Ors.], WP(C) 155/2017 [Biswajit Chakraborty Vs. State of Tripura and Ors.], WP(C) 157/2017 [Amar Singha Vs. State of Tripura and Ors.], WP(C) 158/2017 [Chandan Das Vs. State of Tripura and Ors.], WP(C) 159/2017 [Chiranjib Bhattacharji Vs. State of Tripura and Ors.], WP(C) 160/2017 [Uttam Bhowmik Vs. State of Tripura and Ors.], WP(C) 161/2017 [Pradip Kr. Banik Vs. State of Tripura and Ors.], WP(C) 163/2017 [Arabinda Debbarma Vs. State of Tripura and Ors.], WP(C) 164/2017 [Khokan Ch. Das Vs. State of Tripura and Ors.], WP(C) 165/2017 [Pradip Kr. Saha Vs. State of Tripura and Ors.], WP(C) 166/2017 [Krishnalal Das Vs. State of Tripura and Ors.], WP(C) 167/2017 [Pradip Kr. Deb Vs. State of Tripura and Ors.] and WP(C) 175/2017 [Ranjan Bhattacharji Vs. State of Tripura and Ors.] are consolidated for disposal by a common judgment inasmuch as all these writ petitions forming part of this batch are set up on identical set of facts and question of law.
3. The writ petitioners herein were initially appointed as the Heavy Vehicle Drivers on fixed pay basis in the year 1999-2000. They were subsequently brought under the regular establishment as the Heavy Vehicle Driver by the order under No. F.1(100)-TRTC/(ESTT)/OFFER.99/VOL-II/329 dated 01.06.2007. For purpose of reference, the text of the order, except the names of the Heavy Vehicle Drivers, is reproduced hereunder:
“TRIPURA ROAD TRANSPORT CORPORATION (A GOVT. OF TRIPURA UNDERTAKING) AGARTALA: TRIPURA.
No.F.1(100)-TRTC/ESTT/Offer/99/Vol-II/329
Dated:- 01.6.2007.
ORDER
In pursuance of the decision taken by the Board of Directors of this Corporation in its 122nd meeting held on 05.9.2006 and approval accorded by the Transport Department, Govt. of Tripura vide No.F.6(15)-TRANS/98 dated 01.6.2007 with reference to the concurrence from the Finance Department, Govt. of Tripura vide U.O. No. 295/FIN(G)/07 dated 25.5.2007, the following 42 (forty two) Fixed Pay Drivers are hereby allowed regular pay scale in
