SAMBHUNATH BHATTACHARJEE Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE short question which arises in this petition is whether the petitioner is entitled to benefit of the notification dated 02 -11 -1968 which has actually been granted to him by the State Government but after his retirement the office of the Accountant General has raised an objection that this benefit was wrongly extended to him.

(2.) THE Circular dated 02 -11 -1968 issued by the Government of India to all the Education Secretaries of all State Governments and Union Territories refers to Rule 8 of the Rules to be framed for services of National Discipline Scheme (NDS) Instructors. The said rule reads as follows: -

(3.) RELIANCE was placed on the notification dated 11 -06 -1993 wherein it is mentioned that grant of benefit of higher pay scale to Physical Instructors who acquired Bachelor Degree in Physical Education or Postgraduate Diploma in Physical Education from a College, University recognised by the Government. This condition is applicable only after 11 -06 -1993 and prior to that, all graduates regardless of the field of the graduation with NDS training were to be considered equivalent to Diploma Holders in Physical Education. In this behalf, it may be mentioned that the second part of Rule 8 goes to the extent of saying that those who have done matriculation with NDS training shall be considered to be post Matriculate Certificate holders in Physical Education.