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2021 Supreme(Tri) 18

AKIL KURESHI, S.G.CHATTOPADHYAY
Nabendu Bhattacherjee. S/o- Lt, Dakshina Rn. Bhattacharjee – Appellant
Versus
State Of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arijit Bhowmik, Advocate.
For the Respondent:Mr. D. Bhattacharjee, Govt. Advocate

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 ref

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