PRADIP DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. P. Roy Barman, learned counsel appearing on behalf of the petitioners and Mr. S. Chakraborty, learned Addl. Govt. Advocate appearing on behalf of the State-respondents.

(2.) THE writ petitioners are graduates in Science subjects. They were appointed as Science Teachers in the year 1992 on a fixed scale of Rs. 800/- per month and they are claiming regular scale of pay of Rs. 1300-3220/- w. e. f. 01. 10. 1992 i. e. the date from which other teachers, similarly appointed on fixed scales, were granted regular scales of pay. The petitioners have been given the benefit of regular scale of pay only from 01. 03. 1996. It is the case of the petitioners that they have been discriminated by not giving the benefit of regular scale of pay w. e. f. 01. 10. 1992 instead of from 01. 03. 1996.

(3.) THE admitted position is that the petitioner Nos. 1 and 2 were duly appointed as Assistant Teachers of Government aided School, Jatindra Kr. High School, Ranirbazar, Tripura (West) on a consolidated pay of Rs. 800/- per month each with approval of the Director of School Education w. e. f. 24. 02. 1992 and 14. 08. 1992 respectively. It is also established that the present petitioners and some other employees of Government aided schools were given the benefit of regular scales of pay w. e. f. 01. 03. 1996 vide Memo dated 18. 10. 1996 issued by the Director of School Education. On the other hand, the State Government, vide order dated 01. 10. 1992, granted the benefit of regular scales of pay to its fixed pay teachers, graduates and undergraduates, with effect from the date of the order i. e. 01. 10. 1992. Further, the State Government, vide order dated 10. 06. 1999, extended the benefit of regular scales of pay to fixed pay teachers of Muktabs and Madrassas in Tripura w. e. f. 01. 10. 1992. Now, the question which requires examination is whether the petitioners who were serving as fixed pay teachers on 01. 10. 1992 have been discriminated by the concerned authorities by not extending the benefit of regular scales of pay w. e. f. 01. 10. 1992 i. e. the date on which some fixed pay teachers of Government Schools as well as Muktabs and Madrassas were given the benefit of regular scales of pay.