SIRAJUR ISLAM CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Talapatra, learned Sr. counsel assisted by Mr. B. Banerjee, learned counsel for the petitioner and Mr. P. Dutta, learned counsel for the respondents.

(2.) THE short question for consideration in this writ petition is whether the petitioner being a classical teacher is entitled to the pay scale with effect from the date of acquiring graduation and post graduation degree.

(3.) THE background facts as projected in the writ petition are that the petitioner was appointed as classical teacher on 9. 3. 76 under the State respondents and later he obtained graduation on 18. 8. 82. On 31. 12. 90, he obtained master degree in Arabic. After obtaining graduation on 18. 8. ,82, he made his claim for the higher pay scale of Rs. 560-1300/- which was the unrevised pay scale of graduate teachers at the relevant time. His representations did not find any favour. Similar claim for higher pay scale was advanced by him after obtaining master degree which also met the same fate. On 23. 4. 82, the State respondents issued a memorandum providing the policy of the State Government that the pay scales of the teachers would be against the posts held by them not against their qualifications. The claim of the petitioner for graduate teacher's scale of pay was rejected on the ground that he obtained the graduate degree only on 18. 8. 82 after the aforementioned memorandum dated 23. 4. 82. As regards the other claim of higher pay scale after obtaining master degree, the memorandum dated 7. 12. 92 issued by the State respondents regulated the same which provided that though the benefit of higher pay scale would be given with effect from 1. 1. 88 or the date of publication of the result, whichever was later, the pay would be notionally fixed under provision of F. R. 22 (a) (i) upto 31. 12. 91 with actual benefit from 1. 1. 92. The petitioner has called in question the validity of the above two memoranda which have deprived him from the benefits of the pay scale of graduate teachers and post graduate teachers with effect form the date of publication of the results which was a discriminatory treatment inasmuch as persons acquiring similar qualification before 23-4-82 were granted the graduate teacher's scale of pay with effect from the date of publication of the results irrespective of availability of any post in the said scale of pay. Similarly, the memorandum dated 7. 12. 92 is also discriminatory inasmuch as the financial benefit upto 31. 12. 91 was denied to the teachers who obtained such qualification on or after 1. 1. 88. In support of the claim of higher pay scales with effect from date of publication of result the petitioner has placed reliance on the decision of this court in Civil Rule Nos. 64 to 76 of 1980 which was followed in Civil Rule No. 244 of 1980. The prayer of the petitioner is for an appropriate direction to the State respondents to give him the graduate teacher's scale of pay Rs. 560-1300/- (revised pay Rs. 1300-3220/-) with effect from 18. 8. 82 and post graduate teacher's pay scale of Rs. 1450-3710/- (revised) with effect from 31. 12. 90 with actual financial benefits.