9911796707
TMI Blog1972 (2) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... in Tripura was reorganised and the reorganisation was given retrospective effect from April 1, 1950. The Assistants in the Civil Secretariat were given the pay-scale of ₹ 80-4-160-5-180. The Second Pay Commission which was appointed by the Government of India later recommended the revision of the pay-scales of Tripura employees so as to bring them, as far as possible, at par with the scales prevalent in the State of West Bengal. Accordingly, the pay-scales of the Assistants in the Secretariat were revised as follows : Serial | Name of the | Existing scale | Revised scale | Remarks No. | post | of any | of pay w.e.f. | | | | 1-7-59 | 2. Assistant ₹ 80-180/- (i) ₹ 150-10-300 Selection (101 posts) (for 25% posts) Grade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violated the protection given under Articles 14 and 16 of the Constitution. To enforce their rights the appellants filed a Writ Petition in the Court of the Judicial Commissioner at Tripura but the same was dismissed. The learned Judicial Commissioner, however, has granted a certificate to appeal to this Court on the ground that a substantial question of a law as to the interpretation of the Constitution was involved. 5. Mr. Chagla appearing on behalf of the Union of India and the Tripura Administration, who are the first three respondents in this appeal, raised a preliminary objection to the effect that the certificate granted by the learned Judicial Commissioner was not justified on the ground that a substantial question of law as to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t asked that all the Assistants should be placed in the scale given to the selection grade, i.e. ₹ 225-325-15-400 a relief which the courts could, obviously, not grant. It is for the Administration to determine how many Assistants should be in the Secretariat and what should be their scale of pay. The normal scale of Assistants is ₹ 150-5-195-EB-5-250. It would not be possible for a court to direct that that scale be revised and something more be given to the Assistants. That is not the function of the courts. 7. Mr. Sen on the behalf of the appellants did not challenge the right of the Administration to have two scales of pay in the same category of posts. Provision of a selection grade in the same category of posts is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ategory of Assistants. 8. Mr. Sen, however, challenged the existing Rule of 1963 because it no where uses the word 'Selection Grade'. Under the rule in respect of the Assistant, two scales are mentioned as follows : Serial | Name of | Existing Scale | Revised scale of pay | Remarks No. | the post | of pay | w.e.f. 1-4-61 | 7. Assistant ₹ 80-4-124-EB- ₹ 150-5-195-EB-5-250 4-160-5-180 ₹ 150-10-300 ₹ 225-10-325-15-400 (for 25% of posts) (for 25% of posts) And though 25% posts in the cadre of Assistants are given the higher scale of pay it is not stated therein as to who are the lucky Assistants who are to get this higher scale of pay. This, in his submission, is bound to lead to arbitrary selection whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons regarding promotion to the higher grade as long as such instructions are not inconsistent with any rule on the subject. The point was considered by this Court in Sant Ram Sharma v. State of Rajasthan, ( 1968 (1) SCR 111 : 1967 AIR(SC) 1910) and it was declared that in the absence of statutory rules regulating promotion to selection grade posts the Government is competent to issue administrative instructions as long as those instructions are not inconsistent with the rules already framed. Mr. Sen's argument is based on the absence of any statutory rule in this respect. Therefore, there is no question of any inconsistency with existing rules. In their affidavit in reply the Administration has stated that the appointment to the selecti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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