SNEHANGSHU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions involve identical issues. They have been heard together and would be disposed of by this common judgment. For convenience we may refer to facts and pleadings from WP(C) No.89 of 2020. The petitioners' grievance is that even after completion of period of 5 years of engagement in the post of Assistant Teacher (Science Graduate) to which they were appointed way back in the year 2012 and on which they are still working, they have not been placed in regular pay scales.

(2.) In the State of Tripura the hierarchy of Government school teachers can be broadly divided in four categories which are; undergraduate teachers, graduate teachers and postgraduate teachers; who form a separate class for recruitment, promotions and pay scales, and of Assistant Teachers (Science). These science teachers are engaged in Government schools for teaching in Classes-I to X. The Government of Tripura had framed Employment Policy, 2003 and on the basis of which undergraduate, graduate and postgraduate teachers were recruited in the years 2010-12. The legality of these appointments came up for consideration before the Division Bench of this Court in case of Tanmoy Nath and Ors. Vs. State of Tripura and Ors. reported in (2014) 2 TLR 731 in which the Court examined various aspects including the question of the validity of theemployment policy, 2003. On various grounds appointments of large number of teachers recruited during the said period were set aside. This was inter alia on the ground that the employment policy, 2003 was found to be unreasonable. The State Government had challenged the judgment of Tanmoy Nath(supra) before the Supreme Court. After initially staying the effect of the judgment, the State appeal came to be dismissed in the year 2017. From then on these teachers continued in Government employment on extension basis. In Tanmoy Nath (supra) and thereafter by the Supreme Court the teachers already in service were given age relaxation for the subsequent recruitment processes. Those who could not get themselves selected, were terminated w.e.f. 31/3/2020.

(3.) This background was given for the purpose of later comparison though in the present case we are not directly concerned with the above dispute. We may now refer to the manner of engagement of petitioners as Assistant Teachers (Science) in government schools. The State of Tripura issued an advertisement on 25/8/2010 notifying in all 1450 posts of Assistant Teachers B.Sc. (Pure) and Assistant Teachers B.Sc. (Bio.). The advertisement provided the breakup of reserved and unreserved seats. The qualifications prescribed for the candidates were graduate in science from recognized university with Physics, Chemistry and Mathematics or Statistics for the post of Assistant Teacher B.Sc. (Pure) and graduate in science from a recognized university with Zoology, Botany and Physiology for the post of Assistant Teacher B.Sc. (Bio.). This advertisement contained an important clause which reads as under: