A senior official cannot receive lesser pay than a junior under any circumstance; thus, pay discrepancies must be rectified to uphold principles of fairness and seniority.

JUDGMENT

1. Heard Mr. GS Bhattacharjee, learned counsel appearing for the petitioners. Also heard Mr. D. Sharma, learned Additional GA appearing for the State-respondents.

2. Both the writ petitions have been taken up and heard together for final disposal by way of this common judgment since common questions of law and facts are involved.

3. The petitioners are holding the post of Assistant Controller, the promotional post of Inspector under Legal Metrology Organization. Their grievance is that by virtue of 13th Amendment of Tripura State Civil Services (Revised Pay) (13th Amendment) Rules, 2015, they are drawing less pay than the Inspectors.

4. The principal controversy revolves around is that, whether the petitioners being senior all along and holding the higher post would get lesser pay than those of the officers who are holding the post of lower rank (Inspector), under the respondents.

5. Mr. Bhattacharjee, learned counsel for the petitioner has submitted that there is serious anomaly in framing the Rules, and that anomaly is to be rectified immediately. .

6. Mr. Sarma, learned Additional GA, appearing for the respondents, inviting my attention to the counter affidavit has submitted that pay fixation of the Inspectors serving under the respondents was made in compliance with the order of this court. A Committee was formed by the Finance Department to examine the matter, and thereafter, pay scale of the post of Inspector, Legal Metrology Organization, was upgraded from PB-2 (Rs. 5700-24000/-) with Grade Pay of Rs. 4200 to PB-3 (Rs.10,230-34,800/-) with GP of Rs. 4400/- vide Tripura State Civil Service (Revised Pay) (13th Amendment) Rules, 2015 giving notional effect from 01.01.2006 and financial benefit from the date of notification of the revised Recruitment Rules for the post in the official gazette. The revised RR was published in the Gazette on 21.06.2016. Accordingly, pay of the incumbent Inspectors of Legal Metrology as on 01.01.2006 including the petitioners were refixed under the amended Rules.

7. It has been curled out from the submission of the learned counsel appearing for the parties to the list, that after giving effect of 13th Amendment of Tripura State Civil Services (Revised pay) (13th Amendment) Rules, 2015, w.e.f. 01.01.2006, the petitioners as on 20.06.2016 were provided with basic salary of Rs. 22,550/-, in GP 4600/-, but, after the effective date of 13th Amendment of ROP Rules, the basic salary of the petitioners became Rs. 21,940/-, with GP 4600/-, whereas, the Inspectors under the respondents were provided with basic salary of Rs. 22,810/-, GP 4800/-, PB-3 (10,230-34,800/-) w.e.f. 21.06.2016. Moreover, the status of the petitioners as on 01.07.2019 was at level-12 of the ROP Rules, 2017, having PB-3 (10,230-34,800/-) and the status of the Inspectors was level-13 of the ROP Rules, 2017, though the petitioners were holding the promotional post of Assistant Controller under the respondents. For convenience, the anomalies that cropped up after the effective date of 13th Amendment ROP Rules, 2009, may be shows as follows:-

8. Mr. Bhattacharjee, learned counsel has submitted that after detection of such anomaly, the petitioners submitted representation on 26.08.2015 requesting the respondents to remove those anomalies, as cropped up under 13th Amendment of the ROP Rules, 2009