RAMENDRA NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this common judgment, these Civil Rules(No. 84 of 1992, 92 of 1992 and 279 of 1992) are proposed to be disposed of. At the very outset, it is necessary to clear the fact of each case separately.

(2.) In Civil Rule No. 84 of 1992, the petitioner Shri Ramendra Nath Dey, Senior Lecturer of Government Music College, Agartala, has claimed the pay scale recommended by the University Grants Commission for the post of Assistant Professor with effect from 1.12.1977 and the senior scale of pay with effect from 1.12.1985 along with the prayer for a direction to the respondents not to appoint any other person as Vice- Principal of the said College except the petitioner. The petitioner who is a Master- Degree holder in Classical Vocal Music having to his credit the masters degree in Bengali and bachelors degree in Education, joined the post of Senior Lecturer in the said College on 30.4.1977 for imparting lessons in degree course in music. Initially, the college was affiliated with the Calcutta University, but on constitution and establishment of the Tripura University, the B-Music Wing of the college was affiliated with it with effect from 29.10.1987. In 1986, Government of Tripura extended the University Grants Commission scales of pay to the College Teachers' working in the State of Tripura. The petitioner claimed the U.G.C. scale meant for the Assistant Professor with effect from 1.12.1977 (post of Senior Lecturer has been re-designated as Assistant Professor) and, on completion of 8 years from 1.12.1977, the senior -scale meant for the Assistant Professors with effect from 1.12.1985 as per U.G.C. recommendation. The claim of the petitioner is mainly based on the judgment of this Court passed in Civil Rule No. 78 of 1980 wherein the Court while holding that the B-Music course of the Government Music College is a degree level course of the college affiliated to the Tripura University also recommended the U.G.C. pay scale to the Principal on the ground that denial thereof to the Principal was arbitrary and contrary to the provisions of Article 14 of the Costitution.The petitioner being one of the three members of the teaching staff, taking the said judgment as ground-swell, has staked his claim. The petitioner, being senior most lecturer of the college also sought for a direction for consideration of his candidature for promotion to the post of Vice-Principal.

(3.) In Civil Rule No. 92 of 1992, Smt. Ashima Bhattacharjee and in Civil Rule No.279 of 1992 Smt.Namita Deb Choudhury seek relief by way of a direction for their absorption in the post of Assistant professor of the College in the B-Music Wing with consequential benefits of U.G.C. scale with effect from their respective date of joining.