STATE OF TRIPURA Vs. APANGSHU MOHAN

JUDGEMENT

(1.) We have heard the learned counsel on both sides in regard to the merits of the appeal.

(2.) The simple case of the Respondents in the writ petition is that they are part-time lecturers teaching Commercial and Industrial Law in MBB College, BB Evening College, Govt. Degree College, Khowai, as such for quite some time. Their further case is that they have been performing the duties of lecturers in the Govt. Aided College and are, therefore, entitled to the full salary as have been given to others. For the purpose of putting forward their case, they have placed strong reliance on the judgment of the Supreme Court in the case of Vijay Kumar and others -Vs- State of Punjab and others, reported in AIR 1994 SC 265. This petition was opposed by the Appellants, Respondents in the writ petition, i.e. the Government. It is very unfortunate that the Government Advocate who argued the matter did not choose to file a counter by way of statement of objections to controvert the averments made in the writ petition. The writ petition was filed by five petitionens who are the Respondents herein. The learned Single Judge after hearing the learned counsel on both sides, placing reliance upon the Vijay Kumar's case (supra), allowed the writ petition and held as follows : "So far as the pay and allowances of the Petitioners are concerned the same should be determined on the basis of the principle "equal pay for equal work" as laid down by the Supreme Court in the judgment rendered in the case of Vijay Kumar and others, Appellant -Vs- State of Punjab and others, Respondents reported in AIR 1994 SC 265, as admittedly, the U.G.C. has not prescribed any scale for the part-time lecturers. This should be done within a period of 6(six) weeks. In case, the pay and allowances of the Petitioners are not determined on the basis of the principle "equal pay for equal work" the Petitioners will be at liberty to approach this Court. In view of the interim order similarly situated persons may not be left out. This writ petition is diisposed of accordingly. It is this order which is called in question by the State Government in this writ appeal.

(3.) We have perused the grounds of appeal, the facts and circumstances of the case and judgment of the Supreme Court in Vijay Kumar's case (supra).