Point of Law: Service Law - Scale of pay - In view of amendment of ROP,1999 by Fifth Amendment insofar as our case is concerned, this subsequent amendment under Eighteenth Amendment Rules did not have any further significant impact.

JUDGMENT :

Akil Kureshi, J.

The writ appeal and the writ petition are inter connected. They have been heard together and would be disposed of by this common judgment.

2. Brief facts are as under:

The writ appeal arises out of a judgment dated 30th May, 2016 passed by the learned Single Judge in W.P(C) No.379/2012. The appellants-original petitioners were appointed as Lower Division Assistant-cum-Typist in the General Administrative Department, Government of Tripura in the scale of pay of Rs.3300 – 7100/-. Upon completion of 10(ten) years of service without promotion, they were entitled to the benefit of CAS-1 in terms of Rule 10(d) of Tripura State Civil Services (Revised Pay) Rules, 1999 (hereinafter to be referred to as ROP, 1999). Their pay was fixed in the next higher scale of Rs.4,000 - 7890/- by applying the provision of FR 22(I)(a)(i).

3. It appears that the said FR was amended by the Government of India under the notification dated 30th August, 1989. In order to align this fundamental rule with the amendments of Government of India, State of Tripura also issued a notification dated 3rd October, 1999 promulgating fundamental (Tripura Amendment) Rules, 1999 (hereinafter to be referred to as Amendment Rules, 1999). By these Rules FR 22(I) now had sub rule (a)(1) and (2). In the amended form FR 22(I) (a)(2) reads as under:

“(2) When the appointment to the new post does not involve such assumption of duties and responsibilities of greater importance, he shall draw as initial pay, the stage of the time-scale which is equal to his in respect of the old post held by him on regular basis, of if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis;

Provided that where the minimum pay of the time-scale of the new post is higher than his pay in respect of the post held by him regularly, he shall draw the minimum as the initial pay:

Provided further that in a case where pay is fixed at the same stage, he shall continue to draw that pay until such time as he would have received an increment in that time-scale of the old post, in cases where pay is fixed at the higher stage; he shall get his next increment on completion of the period when an increment is earned in the time-scale of the new post.

On appointment on regular basis to such a new post, other that to an ex-cadre post on deputation, the Government servant shall have the option, to be exercised within one month from the date of such appointment, for fixation of his pay in the new post with effect from the date of appointment to the new post or with effect from the date of increment in the old post.”

4. This Rule was given retrospective effect from 1.1.1996. It may be noted that ROP, 1999 under which pay and allowances to the employees of the State Government were revised, were brought into force with effect from 1.1.1996 also.

5. All the original petitioners upon completion of 10 years of service without promotion were granted the benefit of CAS-1 after 03.10.1999 but by applying the pre revised FRs and accordingly their pay was fixed, as noted earlier, in the next higher scale of Rs.4,000 - 7890/- from the existing scale of Rs.3300 - 7100/- in which till then they were drawing their pay and allowances.

6. Under the notification dated 24.03.2000 the Government of Tripura promulgated Tripura State Civil Services (Revised Pay) (Fifth Amendment) Rules, 1999 (hereinafter to be referred to as ROP, 1999 Amendment Rules). Under these Rules it was provided that substituted FR 22(I) (a)(1) shall be applicable in cases of promotion for appointment to another post with higher or the same scale provided such posts carry duties and responsibilities of greater importance than those attached to the post held by the employee before promotion. This Rule further provided that:

“(c) The substituted provision of F.R 22(I) (a)(2) shall be applicable in cases of movement of higher/next higher pay scale under graded pay scale/CAS (Modified) and also in c