STATE OF TRIPURA Vs. BIJOY CHOUDHURY

JUDGEMENT

(1.) Office Memorandum, dated 7.12.1992, was issued by the Department of Finance, Government of Tripura, granting benefit of higher pay scales to Assistant Teachers on acquiring higher qualification in some respective trade and subjects. Under the said Office Memorandum, dated 7.12.1992, those teachers, whose scale of pay, in terms of pay revision of 1982, was Rs. 560-1300, were granted extended pay scale of Rs. 1300-3200. By the subsequent Office Memorandum, dated 11.6.1993, the benefit of pay scale of Rs. 1300-3220 was extended to those junior Physical Instructors, who had acquired Bachelor Degree in Physical Education ('B.P. Ed.') or Post Graduate Diploma in Physical Education ('D.P. Ed.') on or after or prior to 24.4.1982, but up to 31.12.1991.

(2.) By filing a writ petition under Article 226, the respondents herein challenged the Office Memorandum, dated 11.6.1993, as illegal and arbitrary on the ground that having acquired D.P. Ed. before the date of the Office Memorandum, dated 7.12.1992, read with the Office Memorandum, dated 11.6.1993, they too ought to have been given the benefit of the extended pay scale in terms of the Office Memorandum, dated 11.6.1993, but they had been illegally denied the benefit of the said rise in the pay scale by arbitrarily choosing the cut-off date of 31.12.1991. This writ petition gave rise to Civil Rule No. 446 of 1997, wherein the respondents contended that they were not responsible for having not been able to obtain requisite qualification before 31.12.1991 inasmuch as the junior Physical Instructors were being sent, for acquiring the D.P. Ed, course, not in order of seniority, but by adopting the policy of 'pack and choose'.

(3.) The appellants herein resisted the writ petition, contending, inter alia, that the Government had the right to choose cut-off date and it was not illegal for the Government to have chosen 31.12.1991 as the cut-off date for granting benefit of higher pay scale to those junior Physical Instructors, who had acquired Post Graduate Diploma as on 31.12.1991. The respondents also contended that before the selection of the said D.P. Ed, course, all concerned Head of Offices/DD Os had been asked to obtain willingness from the untrained Physical Instructors and on the basis of the same, selections were made strictly in order of seniority from amongst those, who had offered their willingness to persue the said course of D.P. Ed.