Sir,
At the outset I beg to u to give me the opportunity for showing my gratitude to this website for such opportunity to individual regarding the allotment of vistas for resolving of complex matters of legality . Sir, my question is that I work under Govt. of Tripura as a Clerk. I ranked among the batchmates and I receive the same salary as my juniors get. I have got promotion in the moth of October,2006. I was offered to give my option to either A or B regarding fixing up my basic pay. The option A is meant to confirm fixation date as on 01.01.2006 which is the date of commencement of the pay review effect . Whereas my juniors who have opted B is meant for showing a ratification regarding fixing up of their basic pay right from the date of promotion which is 1.10.2006. Now in this process , my basic pay is calcullated at a reduced rate than that of my juniors who have opted option B at the time of promotion.
Meanwhile , there is an option of Stepping up in the RoP 2009 ,Govt. of Tripura and that is meant for alleviating the basic pay of senior in order to make it equivalent to that of the junior in the possible case of receipt of one increment for being at the existing post for a period of ten years and then receiving promotion in the subsequent year by the said junior. The accumolation of the above two reward sometimes cross the basic pay of a senior who gets promotional benifit only but not the benifit meant for awarding the partiular staff who remains for a period of ten or more years in the same post because of such promotion to that particualar senior in the non-expiry of ten years term.
Under the above circumstanc is it legal to seek for redress from the department by requesting first to make necessary adjustment of the basic pay of the senior equivalent to that of the junior by stepping up of basic pay ?
Here the notable fact is that both the senior and junior have entered into the service as lower Division Clerk in same date. The seniority list is determined on the basis of merit list made by the public service commission of the State. The case of such difference has occured in the promotion to next post in the same date,month and year after a service tenure of 6 years by both of them. The main reason for such difference is due to choosing of options.