TRIPURA GOVERNMENT TEACHERS ASSOCIATION Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned counsel, Mrs. S. Deb(Gupta) for the petitioners and learned Advocate General, Mr. B.C. Das, assisted by learned Addl. G.A., Mr. S. Chakraborty for the respondents.

(2.) THE petitioners' Association by filing Civil Rule No. 374 of 1996 before Agartala Bench of the Gauhati High Court, inter alia, prayed for issuing a writ directing the respondents to grant the Headmasters/Headmistresses of the Primary/Junior Basic Schools, under the Government of Tripura, the pay scale of Rs.1700 -3980/ - w.e.f. 01.01.1998 with all financial benefits, etc.

(3.) LEARNED Advocate General has contended that the writ Court left it open to the consideration of the State Government in taking a decision and because of the financial stringency the State Government could not give effect from 01.01.1988 which is a valid reason and the Court's order was not disobeyed or violated by the State respondents. According to learned Advocate General, the anomaly which was pointed out was of two -fold, firstly, in respect of pay scale and secondly, in respect of time of giving effect of the pay scale. The pay scale has been given and there is no dispute about it. Effect of the same as claimed from 01.01.1988 could not be given because the resource could not be mobilized by the State Government.