SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the writ Petitioner is directed against the judgment and order dated 3.3.2008 passed by the learned Single Judge in WP(C) No. 5832/2005, whereby and whereunder the writ petition filed by the Appellant claiming the salary in the regular UGC scale of pay has been dismissed.

(2.) The Appellant filed the said writ petition claiming the salary in regular UGC scale of pay with effect from 27.9.1999 and challenging the order dated 13.6.2005 passed by the Commissioner and Secretary to the Government of Assam, Education (Higher) Department rejecting such claim on the ground that the Petitioner having not possess the required UGC norms, i.e., 55% marks in Master Degree and not appointed on or before 15.12.1988, is not entitled to the salary in the said scale of pay.

(3.) The said writ petition had been filed by the Appellant praying for the aforesaid relief contending, inter alia, that though he was appointed in Moirabari College by the Governing Body after 15.12.1988, i.e., the date when the Government of Assam had accepted the UGC norms applicable to the colleges receiving the grants-in-aid, since 11(eleven) other similarly placed lecturers appointed in other non-Government colleges, which were subsequently brought under the deficit system of grants-in-aid and who also do not possess the required UGC norms, were given the benefit of such scale, the Respondents cannot deny such benefit to the Appellant, who is similarly placed. It was also the contention of the Appellant in the writ petition that in an earlier round of litigation, i.e., in Civil Rule No. 811/1998 instituted by him, a Single Bench of this Court vide judgment and order dated 23.11.1998 while directing the State to pay the fixed pay of Rs. 2,200 (Rupees twenty-two hundred) per month with other allowances as admissible under the Rules with effect from 11.1.1996 to the Appellant, had held that he cannot be deprived from the benefit of fixed pay as has been granted to other 11 underqualified lecturers, with effect from 11.1.1996, on the ground that the Appellant joined as lecturer in Moirabari College on 21.3.1989, and as such, according to the Appellant, he having been placed in the same position as that of those 11 underqualified lecturers, is entitled to the benefit of regular UGC scale of pay, which has subsequently been given them.