The court held that Diploma holders must receive a higher pay scale of Rs.1450-3710/- regardless of their appointment date, reinforcing equal pay for equal work and correcting historical administrative errors.

JUDGMENT

Akil Kureshi, CJ. - These proceedings are interconnected and intertwined. All the Writ Appeals arise out of the judgment of the learned Single Judge dated 15.12.2016 in W.P. (C) No.144 of 2014 and connected petitions. The central issue decided by the learned Single Judge in favour of the petitioners which has aggrieved the State Government to file these Appeals, pertains to the correct pay scales to be granted to Pharmacists employed in the State service after 04.02.1991. According to the Government, these Pharmacists ought to have been placed in the pay scale of Rs.1300 - 3220/- under Revision of Pay Rules, 1988 ( ROP, 1988', for short) whereas the original petitioners had argued before the learned Single Judge that they ought to have been granted the pay scale of Rs.1450 -3710/-. The writ petitioners of the petitions, which are part of the present group of cases, are also Pharmacists engaged after 04.02.1991. They also claim similar fitment in the pay scale of Rs. 1450 - 3710/- from their initial engagement.

2. This short issue has a long history. We would record the background facts as briefly as possible without omitting any essential element. Such facts are as under:

In the State of Tripura prior to 1991, the cadre of Pharmacists was divided on the basis of educational qualifications as Diploma holder Pharmacists and non-Diploma holder Pharmacists. Under ROP, 1982, the scale of pay prescribed for Pharmacists was Rs.560 -1300/- for Diploma holders and Rs.430 - 850/- for non-Diploma holders. ROP, 1988 were promulgated and brought into effect from 01.01.1986 under which initially, it appears erroneously, the Diploma holder Pharmacist's pay scale was fixed at Rs.2000 - 4410/- which was equivalent to the post of Assistant Director of Health Services. Under amendments dated 24.09.1988 and 26.11.1988 this pay scale for Diploma holder Pharmacists was withdrawn and it was replaced by Rs. 1300 - 3220/- which incidentally was also the fitment scale for non-Diploma holder Pharmacists. By an amendment dated 25.04.2009, both these earlier amendments dated 24.09.1988 and 26.11.1988 were repealed with effect from 01.01.1986. Essentially thus, the prescription of pay scale of Rs.1300 - 3220/- for Diploma holder Pharmacists with effect from 01.01.1986, was withdrawn. This amendment, however, did not prescribe a substitute pay scale for the post of Diploma holder Pharmacists.

3. This created confusion since there was no clear prescription of revised pay scale for Diploma holder Pharmacists after ROP, 1988 were amended. The petitioners would point out that under ROP, 1988, the scale of pay of Rs.430 - 850/- which was the pre-revised scale assigned to non-Diploma holder Pharmacists was revised to Rs.1300 - 3220/-. Likewise, pre-revised scale of Rs.560 - 1300/- which was the scale of pay of Diploma holder Pharmacists, in general terms was revised to Rs.1450 -3710/-. According to them, therefore, such Diploma holder Pharmacists, who were engaged prior to 04.02.1991, had to be placed in the scale of pay ofRs.1450-3710/-.

4. This cutoff date of 04.02.1991 is significant and around which the sole surviving controversy revolves since the Government of Tripura issued a Notification on 04.02.1991 notifying the Recruitment Rules for the post of Pharmacists under the Health & Family Welfare Department, Government of Tripura. Under these Recruitment Rules of 1991, the scale of pay prescribed for the posts in question was Rs.1300 - 3220/-. The Government argues that whatever be the position of Diploma holder Pharmacists engaged before 04