SAMIR BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This writ petition has been filed for a direction to allow the writ petitioner to continue as Honours Graduate Assistant teacher of Secondary School w.e.f. 1.4.1974 and further to allow him the scale of pay of Rs. 5,000- 10300/-w.e.f. 1.1.1996 along with quashment of the Notification No. F.4(l-2885)-DSE/99 dated 16.5.2000.

(2.) The petitioner was appointed as Assistant Teacher, Secondary School on 1.4.1974 after selection initially on adhoc basis. He was allowed to continue as such. In 1991, he acquired Master degree in History. He was confirmed with effect from 1.1.1974 as Assistant teacher of Secondary School and allowed to draw Honours graduate pay scale. Long thereafter it was detected that the petitioner was not a Honours graduate, the minimum educational eligibility prescribed for the post of Assistant teachers in Secondary School. The Director of School Education by order dated 16.5.2000 directed recovery of the excess pay paid to the writ petitioner on the ground that he was not entitled to the scale meant for Honours graduate. The order reads as follows :- "MEMO The service Book of Shri Samir Bhattacharjee, Assistant Teacher R.K. Institution, Kailashahar, North Tripura and other relevant papers have been carefully examined. On examination, the undersigned observes as follows :-

(3.) Pay of the incumbent on the option date in pursuance of the T.S.C.S.(RP) Rules, 1999 may be fixed in the corresponding revised scale of pay of Rs. 5500-10700/- and regulate as such upto 31.12.98. Thereafter, he may be allowed next higher scale of pay of Rs. 6500- 12300/- w.e.f. 1.1.96 being the second scale advancement (CAS-II) under the Career Advancement Scheme of the Rules ibid. Fixation and regulation of pay in the scale of pay of Rs. 6500/-12300/- should be made under the provision of F.R.22(l)(a)(2), the erstwhile F.R.22 a(i).