BISWAPATI PAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is a second round of litigation by four petitioners who have been persistently advancing their claim for pay scale as per recommendation of the University Grants Commission (for short UGC) for the Demonstrators. All the four petitioners were initially appointed in the pay scale of Rs. 175-325/-, which after several revisions was revised to Rs. 1740-3000/- with effect from 1. 1. 1986. The UGC by its letter dated 8. 10. 92 (Annx.-P-1) to all the State Governments made certain recommendations for promotional avenues for in-service Demonstrators/tutors working in Universities and Colleges. The relevant part appearing in paragraph 5 of the said letter relating to the pay scale of the Demonstrators reads as follows :

(2.) IN 1998 the Central Government decided to revise the pay scale of teachers in the Central Universities after taking into consideration the recommendations of the UGC. The scheme of the pay revision of the teachers including existing Demonstrators/tutors was formulated as contained in the letter dated 27. 7. 1998 from the Ministry of Human Resource Development addressed to the Secretary, UGC. By a separate letter dated 6. 11. 98 the Central Government requested State Governments to adopt and implement the revised UGC pay scales for teachers in Universities and Colleges in the State with effect from 1. 1. 1996 with such modification, if any, as may be considered necessary to suit local conditions. Accordingly, the State Government by its notification dated 26. 3. 1999 adopted and implemented the revised UGC pay scale with effect from 1. 1. 1996. It would appear from the Said notification that the pay scale of Rs. 1740-3000/- for the existing Demonstrators was revised to Rs. 5500-9000/ -. According to the Central Scheme the Central Government would provide financial assistance to the State Government to the extent of 80% of the additional expenditure involved in implementing the pay revision for a period of five years from 1. 1. 1996 to 31. 3. 2000. During this period State Government would bear the remaining 20% of the additional expenditure. It was made clear that after 31. 3. 2000 the State Government would have to bear the entire additional liability on account of the pay revision. One more important provision in the said scheme was that the State Government while implementing the revised pay scale would be at liberty to introduce a different pay scale and from a later date only with the approval of the Central Government. The grievance of the petitioners is that in the said notification dated 26. 3. 1999 introducing and implementing the revised UGC pay scale for College teachers and demonstrators no mention was made about the petitioners who were in their personal pay scale of Rs. 2200-4000/-, though the same pay scale of the Asstt. professor was revised to Rs. 8000-13500/ -. The said notification mentioned only about the Demonstrators in the pay scale of Rs. 1740-3000/-, which was revised to Rs. 5500-9000/ -. On 21. 7. 1999 the UGC addressed a letter to the Secretary, Education of the State Government regarding promotional avenues for in-service Demonstrators/tutors working in the Universities and Colleges. The relevant provision contained in para 5 and 6 of the said letter reads thus :

(3.) AGGRIEVED by the failure on the part of the State respondents to introduce and implement the revised pay scale for the existing Demonstrators in the personal pay scale of Rs. 2200-4000/-, the petitioners approached this Court by means of W. P. (C) No. 606 of 2001 seeking a direction to the State respondents to grant revised UGC pay scale Rs. 8000-13500 to them as was given to the Asstt. Professors. The State respondents opposed the claim contending inter alia that the Demonstrators being group 'c' employees only could not be given any pay scale higher than Rs. 5500-10700 which was the maximum pay scale for group 'c' employees of the State Government. It was further contended that though the UGC pay scale of Rs. , 2200-4000 was revised to 8000-13500/-, the same was the pay scale of Assistant Professor, who were in Group-A category of employees of the State Government. In this pay scale was allowed to the Demonstrators who are admittedly Group 'c' employee it would create confusion and discontent among other government employees who are in superior/higher posts. The third contention advanced is that though the UGC recommended the revised pay scale of Rs. 8000-13500/- for the existing Demonstrators receiving revised personal pay scale of Rs. 2200-4000/-, the State Government did not receive from the Central Government any communication regarding admissibility of such pay scale to these Demonstrators. The final contention of the State respondents is that the recommendations of the UGC or the request of the Central Government is not binding on them particularly when they are of the view that when such higher pay scale of Rs. 8000-13500/- would be granted to the Demonstrators it would entail adverse consequence by opening flood gate for claims by other similarly situated group 'c' employees working in other departments of the Government.