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ARINDAM LODH
Jakir Hossain – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. pay anomalies related to rank and seniority. (Para 3 , 4) |
| 2. arguments regarding necessity of rectifying pay anomalies. (Para 5 , 6) |
| 3. entitlement based on seniority must be upheld. (Para 9 , 10 , 11) |
| 4. directive for rectification of pay anomalies within a stipulated timeframe. (Para 12 , 13) |
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 res
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.
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 ....
The court upheld that pay fixation rules apply uniformly and that grievances regarding pay anomalies should be addressed by experts, not through litigation.
The government is not obligated to follow Pay Commission recommendations, and employees have no vested right to specific pay scales unless clear arbitrariness or illegality is established.
The court ruled that the pay parity rule does not apply when the senior and junior are not in the same lower post, thus rejecting the claim for stepping up pay.
The court established that pay discrepancies between senior and junior employees must be rectified to ensure equitable compensation as per the applicable rules.
The downgraded pay scale of the Inspector under ROP (2nd Amendment) 2006 was not applicable to the petitioner, and the objection raised by the respondent No. 6 to the claims made by the petitioner fo....
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