KRISHNA KISHORE CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Shri Krishna Kishore Chakraborty and 24 other Assistant Professors of Government Degree Colleges in Tripura fikd the present writ petition for quashing the decision of the Government of Tripura in the Education Department No. F. 1(499)-DHE/89(L) dated 13.7.94 (Annexure-E) and also for directing the State respondents not to implement the aforesaid decision in any manner whatsoever.

(2.) All the petitioners are Teachers of Govt. Degree Colleges in Tripura and they were appointed prior to 1973. The University Grant Commission (for short UGC) made certain recommendations in respect of the salaries and allowances of the University and College Teachers throughout the territory of India in the year 1973. The said recommendations were accepted by the Government of India and the Government of India requested the State Governments to implement the recommendations of the UGC. Accordingly, the Govt. of Tripura by aNotification dated 30.3.79 partially implemented the UGC pay scale to the University and College Teachers in Tripura. Though the UGC prescribed three different scales for University and College Teachers, namely, (a) Rs. 700-1600/-, (b) Rs. 1200-1900/ - and (c) Rs. 1500-2500/-, the State Government allowed only one scale of pay of Rs. 700-1600/- for all the categories of University and College Teachers by a Notification dated 30.3.79. The said scale of pay of Rs. 700-1600/- was given to the Lecturers only and no scale of pay has been given to Senior Lecturers, Head of the Departments, Readers and Vice-Principals of the College Teachers in Tripura. Thereafter the UGC revised the pay scale of University and College Teachers and recommended the revised pay scale of (a) Rs. 2200-4000/- for Assistant Professor, (b) Rs. 3000-5000/- for Assistant Professor (Senior Scale) and (c) Rs. 3700-5700/- for Assistant Professor (Selection Grade) and also for the Reader. The recommendation of the UGC was accepted by the Government of India and the Government of India in the Ministry of Human Resources Development (Department of Education) by letter dated 22.7.88 requested the State Governments to implement the recommendation of the revised scale of pay of the University and College Teachers. Thereafter the Govt. of Tripura by a Notification dated 31.3.89 framed a Rule for implementing the recommendation of the UGC revised pay scale to the College Teachers in Tripura w.e.f. 1.1.86. In Notification dated 31.3.89, the State Government made a detailed procedure for fixing the pay of the College Teachers in different Grades. In accordance with the provisions of the aforesaid Notification dated 31.3.89 the authority fixed the pay of the College Teachers (Assistant Professors) who have completed 16 years of service in the revised pay scale of Rs. 3700-5700/-. The Accountant General, Tripura made certain objections regarding fixation of pay of the College Teachers (Assistant Professors) in scale of pay of Rs. 3700-5700/-stating that their pay should have been fixed firstly in the scale of Rs. 2200-4000/- and thereafter they should have been promoted in the senior scale and selection grade as per the scheme of the State Government notified on 31st March, 1989 and their pay in the higher scale should have been fixed under the provisions of the Fundamental Rules. On receipt of the objection from Accountant General, Tripura, the State Government insisted that the pay of the Assistant Professors, who have completed 16 years of service, has rightly been fixed in the scale of Rs. 3700-5700/- and the Government requested the Accountant General, Tripura to approve the aforesaid fixation of pay. The Accountant General, Tripura did not agree with the suggestion made by the State Government and they insisted that since the scale of pay of Assistant Professors has been revised from Rs. 700-1600/- to Rs. 2200-4000/- the scale of pay of Assistant Professors in the Govt. Colleges in Tripura should have been initially fixed in the pay scale of Rs. 2200-4000/- and thereafter they could be promoted to the post of Assistant Professor (Senior Scale) in the scale of pay of Rs. 3000-5000/- and thereafter they can be promoted in the post of Assistant Professor (Selection Grade) in the pay scale of Rs. 3700- 5700/- and on promotion their pay is to be fixed under the provisions of Fundamental Rules. Since the A.G. Tripura did not agree to the fixation of pay of the Assistant Professors, who have completed 16 years of service in the pay scale of Rs. 3700-S700/-, the Government by a Notification cancelled the earlier Notification for fixing the pay of the Assistant Professors in the scale of pay of Rs. 3700-5700/- and directed the authority to fix the pay of the Assistant Professors initially in the pay scale of Rs. 2200- 4000/- and thereafter promote them in the post of Assistant Professor (senior scale) and Assistant Professor (Selection Grade) according to their length of service and fix their pay in the scale of pay of Rs. 3000-5000/- and Rs. 3700- 5700/-. Having felt aggrieved by the order of the Government dated 13.7.94 directing fixation of pay of the Assistant Professors afresh and recovery of overdrawal, the petitioners made several representations to the Govt. as well as to the Accountant General, Tripura. But their representations were not allowed by the said authorities and hence the petitioners filed the present writ petition.

(3.) The State respondents have filed a counter-affidavit wherein they have denied all the allegations made by the petitioners in their writ petition.