RUMA BHATTACHARYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner, who is presently serving as Associate Professor, being posted at Ramthakur College under the Education (Higher) Department, Government of Tripura, has by means of this writ petition, challenged the notifications dtd. 18/5/2013, 2/7/2015 and 9/10/2017 [Annexures-7, 8 and 9 respectively]. By those notifications even though the movement to higher AGPs were given, but the movements were not given on due dates, to the serious prejudice of the petitioner. The petitioner has further urged for directing the respondents to release one unpaid non-compounded increment out of two non-compounded increments for possessing M. Phil degree at the time of entry in the service as Asst. Professor and also to release three non-compounded unpaid advance increments for completing Ph.D. while she was in service. That apart, the petitioner has also urged for granting her AGP (Academic Grade Pay) of Rs.7,000.00 w.e.f. 14/1/2008 on completion of four years of service, AGP of Rs.8,000.00 w.e.f. 14/1/2003 on completion of five years of service from AGP of Rs.7,000.00 and AGP of Rs.9,000.00 with designation of Associate Professor w.e.f. 14/1/2016, on completion of three years of service in AGP of Rs.8,000.00 along with arrears. In addition, the petitioner has urged this Court for directing the respondents to record her Ph.D. degree in her service book which was conferred on 28/7/2006.

(2.) The petitioner was selected by the Tripura Public Service Commission (TPSC for short), for recruitment to the post of Assistant Professor, Government Degree Colleges, Tripura pursuant to the advertisement No. 09/2009. In terms of the offer contained in the Memorandum dtd. 6/12/2003 (Annexure-2 to the writ petition), the petitioner was appointed by the notification dtd. 27/12/2003 (Annexure-3 to the writ petition) in the pay scale of Rs.8,000.00 13,500 as revised by the UGC pay scale, 1996 and she was asked to join K.N. Mahavidyalaya, Sonamura. The petitioner joined the said place of posting on 14/1/2004 as Assistant Professor. At the time of entry in the service, the petitioner had the degree of M.Phil from M.S. University of Baroda and she had cleared the National Eligibility Test as conducted by the University Grants Commission (UGC, for short). It is noteworthy that the petitioner had completed her Ph.D. from M.S. University of Baroda while in service on 28/7/2006, when the syndicate of the said University declared the petitioner qualified for award of Ph.D. degree. It is evident from the declaration dtd. 24/8/2006 (Annexure-5 to the writ petition) that the syndicate of the said University in their meeting held on 24/8/2006 had declared the petitioner to have qualified for award of Ph.D. Degree. Thereafter, in the convocation which was held on 17/10/2006 the petitioner was conferred the degree certificate of Doctor of Philosophy (Ph.D) in History. The said certificate, as referred, is available at Annexure-6 to the writ petition.

(3.) It is also evident from the notification dtd. 18/5/2013 (Annexure-7 to the writ petition) that on recommendation of the Screening Committee as constituted by the Education Department vide notification dtd. 22/9/2012, the petitioner was moved to AGP of Rs.7,000.00 from AGP of Rs.6,000.00 w.e.f. 14/1/2020.