PRANATI MODAK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and order dated 21st April, 2004, passed by the learned Single Judge, in Civil Rule No. 307 of 1998, is in challenge in this appeal.

(2.) The Appellant was initially appointed as a class-III staff (Primary Teacher) on 28.04.1964 and, thereafter, by order dated 11.11.1965, she was appointed to the post of Instructor (Physical Education) and, w.e.f 24.09.1968, she was posted as Physical Instructor (Graduate). By order, dated 09.01.1976, the post held by the Appellant, was re-designated as Junior Coach in the pay scale of Graduate Physical Instructor and then, w.e.f 09.11.1967, she was confirmed in the post of Physical Instructor. Thereafter, from 09.08.1988, the Appellant was placed in the selection grade of Physical Instructor/ Senior Coach. By order, dated 02.01.1992, the Appellant was transferred from the existing place of posting i.e. the Office of the Sports and Youth Programme, Udaipur, to the Government College of Education, Agartala, with her existing pay scale along with admissible allowances until further order. In the said transfer order, it was stipulated that her pay and allowances would be drawn and disbursed from the Head of Government Colleges and Institutions viz. "2002-General Education, 02-Secondary Education, 306-Teachers training, 1-Salaries (non-plan)".

(3.) According to the Appellant, she obtained B.A. degree in 1968, M.A. degree in Physical Education 1976, B.Ed, degree in 1996-97 and obtained teacher's certificate in Physical Education in 1980. The Appellant, contended that since her transfer to the Government College of Education, she has been performing all the duties and responsibilities of Asstt. Professor of the said College including preparation of course materials on Physical Education for the Tripura University and authoring text books. According to the Appellant, though she was discharging the duties and responsibilities of Asstt. Professor, she was given the pay scale of Senior Coach violating the principle of "equal pay for equal work". In spite of submission of several representations, refusal of the State-Respondents to grant the pay scale of lecturer/senior lecturer to the Appellant, compelled the Appellant to prefer a writ petition seeking pay scale of Lecturer/Senior Lecturer and absorption/appointment as Asstt. Professor.