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HIGH COURT OF TRIPURA
MR. JUSTICE ARINDAM LODH, J
Sri Biplab Kanti Sukla Baidya – Appellant
Versus
The State of Tripura and 4 others – Respondent
JUDGMENT :
ARINDAM LODH, J.
Heard Ms. S. Deb(Gupta), learned counsel appearing for the petitioner. Also heard Mr. D. Sarma, learned Addl. GA appearing for the respondents-State.
2. By way of filing the present writ petition, the petitioner has prayed for following reliefs:
“i) Admit this petition of the petitioner and call for records relevant to the subject matter from the custody of the respondents;
ii) Issue writ calling upon the respondents and each of them, to showcase as to why a writ of certiorari and/or in the nature thereof, shall not be issued for quashing/setting aside the impugned Departmental Order being No.547 dated 24.05.2001.
iii) Issue writ calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for commending/directing them, to fix the petitioner's pay scale of Rs.3300-7100/-, corresponding to revised scale of Pay Band-2, Rs.5310- 24000/- with Grade Pay Rs.2200/- as CAS-I on completion of 12 years of continuous service in the pay scale of Rs.950-2180/- as per ROP 1988 corresponding to pay scale of Rs.3200-6030/- i.e. in 01.01.1999;
iv) Issue writ calling upon the respondents and each
The court established that under ROP Rules, employees are entitled to higher pay scales after specified years of service without promotion, affirming the applicability of CAS and ACP provisions.
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The court ruled that the pay scale for a post must adhere to the approved Recruitment Rules framed under Article 309 of the Constitution, emphasizing rightful entitlement over arbitrary appointment s....
ACP financial upgradation follows existing post hierarchy on eligibility date; retrospective recruitment rules cannot deny vested rights without justification, ensuring parity with similarly placed e....
The court affirmed that salary fixation must adhere to statutory rules, resolving errors related to initial pay and advance increments, ensuring equitable adjustments without undue recovery demands.
In absence of defined hierarchy, financial upgradation under ACP scheme entitles an employee only to the next higher pay scale, not to a significantly higher one.
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 established that employees are entitled to benefits under the Revised Pay Scale Rules from the date of their appointment, and any denial based on administrative inefficiencies or financial ....
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