SABYASACHI BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner, Shri Sabyasachi Bhattacharjee, entered into Public Service of Tripura in 1963 as Asslt, Teacher under the Education Department White entering into service as aforesaid, the petitioner was an under graduate and his services were taken against Primary Education Head and while in service, the petitioner passed his B.A. examination in the year, 1970. According to the petitioner, many other persons also had entered service under the Education Department as Asstt. Teacher against the Primary Education Head and some of them were already Graduates at the time of their entry into service and others were undergraduates but tike the petitioner, subsequently became graduates.

(2.) The State of Tripura took a decision, to allow the scale meant for the graduate teachers to all the teachers having graduation irrespective of the Heads against which they were entertained and in pursuance of that decision, the Govt. of Tripura, Education Department issued a memorandum numbering F. 2 (10-23) - DSE/79. dated 7.3.81 (Annexure A). According to the petitioner, this decision was effective from the respective dates from which the examination results were published in the individual cases.

(3.) Admittedly, one Shri Pradip Chandra Bhattacharjee, filed a Civil Suit in the Court of the Sadar Munsiff, Agartala numbered as Title Suit No. 24/74, claiming mat he is entitled to get the pay scale meant for un-trained Asstt. Teachers from the dale of attaining graduation by him. In the aforesaid Suit the stand of the State of Tripura was that the scale meant for graduate teachers can only be available to the graduate teachers serving in the Secondary and Higher Secondary Schools BUT ARE NOT FOR SUCH GRADUATES who are serving in Primary Schools. The Suit was dismissed by tbe trial Court. An appeal was preferred against the aforesaid judgment of dismissal which was numbered as Title Appeal No. 4/ 76. The appeal too was dismissed. Thereafter, a Second Appeal was preferred before the High Court (S,A. 14/76). The aforesaid Second Appeal was finally decided by the learned Single Judge of this Court by his judgment and order dated 14th September, 1979 (Annexure B), The learned Single Judge held that from the language of item 44, as it is, there was no reason to restrict tbe benefit of the 1965 ROP amended Rules to the teachers of Secondary stage inasmuch as it simply says "Assistant teacher (Untrained Graduate)", It was also held that the pay scale which has been mentioned in serial (iii) of column 3 is one which before the 1963 Rules had admittedly applied to all the teachers irrespective of whether they were in Primary or Secondary Schools. Serial No. 18 of the or Secondary Schools. SerialNo.18 ofthe Rules has itself dealt with Trained Matriculate or Under-Graduate Untrained without making distinction between teachers of Primary or Secondary School. The 1967 amendment viewed in this context cannot be restricted to teachers in the Secondary Schools. The learned Single Judge in his judgment had also referred to letter of the Director of Education(ext. A-12) which unequivocally snows that the benefit of fixed pay of As. 175/- per month was made available to the untrained Graduate teachers at the primary stage from the date of appointment or from the date of declaration of the result of their degree examination whichever is later.