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.

JUDGMENT

Akil Kureshi; CJ.:--

This Appeal is filed by the original petitioners to challenge the judgment of the learned Single Judge dated 07.01.2021 in W.P. (C) No.366 of 2018.

2. Brief facts are as under:

The appellants-original petitioners were appointed as Observer/Recorder in the Department of Science, Technology and Environment in the Government of Tripura by way of direct recruitment. The pay scale attached to the post at the time of entry of the petitioners was Rs.970-2400/-. The Government of Tripura appointed 4th Pay Commission for making recommendations for revision of the pay scales of the Government employees. It appears that the revised pay scale to the existing scale of Rs.970-2400/- recommended by the Commission was Rs.3200-6030/-. However, the Pay Commission had recommended that the Observers/Recorders in Department of Science, Technology and Environment may be placed in the revised pay scale of Rs.3300-7100/-. The Government of Tripura examined the recommendations of the 4th Pay Commission and implemented the same with certain modifications by way of Revision of Pay Rules, 1999 made effective from 1.1.1996. The revised pay scale granted to the Observers/Recorders was Rs.3200-6030/-, which was not in tune with the 4th Pay Commission recommendations but in the scale corresponding to their pre-revised scale of Rs.970-2400/-.

3. The petitioner, therefore, approached this Court by filing W.P. (C) No.329 of 2014 and agitated their claim for higher pay scale of Rs.3300- 7100/- with effect from 01.01.1996.

4. During the pendency of this petition, the Department also seems to have undertaken the exercise of examining this aspect which the petitioners would like to project as a pay anomaly. This along with other issues arising out of ROP, 1999 resulted into promulgation of 15th Amendment in the ROP under a Notification dated 17.11.2004. Under this 15th Amendment, Observer/Recorder in the Department of Information, Cultural Affairs and Tourism was granted the scale of pay of Rs.3300- 7100/-. There is no dispute that in the Department of Information, Cultural Affairs & Tourism, there was no post of Observer/Recorder. The petitioners, therefore, contend that this portion of 15th Amendment related to their pay scales. According to the petitioners, Government desired to modify the pay scales of Observer/Recorder in the Department of Science, Technology & Environment from the inception of the ROP, 1999.

5. The petitioners’ first petition before the High Court came to be decided by a judgment dated 17.08.2017. The Court was of the opinion that the Department should reconsider the issue. It was noticed that the Finance Department had promised that the concerns to the petitioners would be referred for consideration before the new Pay Commission, which would be set up in due course. However, no such Commission was set up and the grievances of the petitioners, remained unanswered. The Court, therefore, directed that the Government should reconsider the issue and take a fresh decision.

6. The Government was unwilling to grant the higher pay scale to the petitioners. Under a communication dated 17.03.2018, this was conveyed to the petitioners. It was stated that the Finance Department had examined the proposal for up-gradation of the pay scale, however, the request was regretted. The petitioners thereupon filed second petition W.P. (C) No.366 of 2018 before the High Court and reiterated the prayer for grant of higher pay scale of Rs.3300-7100/- with effect from 01.01.1996. This petition was opposed by the respondents. In an affidavit-in-reply dated 04.01.2021 filed by the Deputy Secretary of Finance Department, Government of Tripura the stand taken was that the Government had constituted 4th Pay Commission as well as anomaly committee. The Pay Commission had recommended the revised pay scale of Rs.3300-7100/- for the post of Observer/Recorder. The anomaly committee had recommended maintaining the existing scale of Rs.970-2400/- and to gran