SITESH BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Shri B. Das, learned senior counsel, assisted by Mr. S. Chakraborty, learned counsel for the petitioner and Mr. U.B. Sana, learned Govt. Advocate, assisted by Mr. T.D. Majumdar and Mr.J.Majumdar, learned counsel for the respondents.

(2.) The petitioner, Shri Sitesh Bhattacharjee was appointed as a School Teacher on ad- hoc basis in the year 1970 and thereafter, his services were regularised as Assistant Teacher. The petitioner was a Bachelor of Science at the time of joining the service and he was provided with graduate scale of pay. Later on the petitioner passed B.Ed, examination and also obtained Master degree in Bengali from Calcutta University in 1984, the result of which was published in the year 1986.

(3.) On 7th December, 1992,the Government of Tuipura, Finance Department vide Office Memorandum No. F.4(62)-Fin(PC)/92 issued certain directions on the subject of grant of benefit of higher pay scales in the appropriate gradb and also grant of higher pay scales on acquiring higher qualification in the respective tradffi/subject, to the Assistant Teachers and some other categories of employees under Education Department. On the basis of the said Office Memorandum, the petitioner was given a higher pay scale of Rs. 70(0-3980 meant for the Master degree holders w.e.f. 1.1.1988. On 10.9.1998 the petitioner was, however, informed that he is not entitled to the pay scale of Master Degree holders in view of the above Office Memorandum and as such his basic pay which was fixed at Rs. 2640 was reduced to Rs. 2570 and it was further provided that a sum of Rs. 24,271/- was drawn in excess by the petitioner and the same shall be recovered by instalments at the rate of one-third of the basic pay.