Tripura High Court
Sri Brata Debbarma vs The State Of Tripura on 7 October, 2020
Author: Akil Kureshi
Bench: Akil Kureshi
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.349/2020
1. Sri Brata Debbarma, S/o Sambhu Debbarma,
House No.32, Ward No.13, T. P Road, Krishnanagar,
West Tripura, Agartala, Pin - 799 001.
2. Sri Subrata Debbarma, S/o Lt. Mangal Debbarma,
Vill : Khutamara Para, P.O : Birendra Nagar,
P.S : Radhapur, West Tripura, Jirania, Pin : 799 045.
............... Petitioner(s).
Vs.
1. The State of Tripura,
represented by the Principal Secretary,
Department of Education, Government of Tripura,
New Secretariat Building, P.S : N. C. C., P.O : Secretariat,
Agartala, West Tripura, Pin - 799 010.
2. The Director,
Education(Higher) Department, Government of Tripura,
Agartala, District - West Tripura, Pin - 799 001.
............ Respondent(s).
_B_E_ F_O_R_E_ HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI For Petitioner(s) : Mr. P K Ghosh, Advocate.
For Respondent(s) : Mr. M Debbarma, Addl. G. A. _O_R_D_E_ R_ 07/10/2020 Petitioners have challenged a notification dated 2nd February, 2010 as at Annexure - 5 to the petition. They have further prayed that Page - 2 of 6 they may be provided the incentive of two non-compounded advance increments in the entry level as Assistant Professors. Their case is that by virtue of their higher qualifications and UGC norms, this benefit was required to be granted which the respondents have withheld. The petitioners rely on two reported decisions of this Court in case of Dr. Anindita Begum(Kusari) Vs. State of Tripura and Ors. reported in (2018) 1 TLR 393 and in case Dr. Nibash Debbarma Vs. State of Tripura and Ors. reported in (2018) 2 TLR 167.
In case of Dr. Anindita Begum(supra), the learned Single Judge of this Court under largely similar circumstances had held as under :
" * * *
6. By the said notification, according to the petitioners, they have been entitled to get three non-compounded increments from the day of acquisition of the Ph.D. degree. According to them, such increments were released in their favour. By the communication under No.1-32/2006-U.II/U.I(1) dated 31.12.2008 [Annexure-8 to the writ petition] the Ministry of Human Resource Development, Department of Higher Education had made some clarification in respect of the incentives of Ph.D/M. Phil and other higher qualification in the following manner :
"7. Incentives for Ph.D /M.Phil and other higher qualification:
(i) Five non-compounded advance increments shall be admissible at the entry level of recruitment as Assistant Professor to persons possessing the degree of Ph.D awarded in the relevant discipline by a university following the process of registration, course work and external evaluation as prescribed by the UGC.
(ii) M. Phil degree holders at the time of recruitment to the post of Assistant Professor shall be entitled to two non-compounded advance increments.
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(iii) Those possessing Post Graduate degree in a professional course such as LL.M/M.Tech etc. recognized by the relevant Statutory Body/Council, shall also be entitled to 2 non- compounded advance increments at the entry level.
(iv) Teachers who complete their Ph.D degree while in service shall be entitled to three non-compounded increments if such Ph.D is in the relevant discipline and has been awarded by a university complying with the process prescribed by the UGC for enrolment, coursework and evaluation etc.
(v) However, teachers in service who have been awarded Ph.D at the time of coming into force of this Scheme or having been enrolled for Ph.D have already undergone course-work, if any, as well as evaluation, and only notification in regard to the award of Ph.D is awaited, shall also be entitled to the award of three non- compounded increments even if the university awarding such Ph.D has not yet been notified by the UGC as having complied with the process prescribed by the Commission.
(vi) In respect of every other case, a teacher who is already enrolled for Ph.D shall avail the benefit of three non-compounded increments only if the university awarding the Ph.D has been notified by the UGC to have complied with the process prescribed by the Commission for the award of Ph.D, in respect of either course-work or evaluation or both, as the case may be.
(vii) Teachers in service who have not yet enrolled for Ph.D. shall therefore derive the benefit of three non-compounded increments on award of Ph.D., while in service only if such enrolment is with a university which complies with the entire process, including that of enrolment as prescribed by the UGC."
[Emphasis added]
7. By virtue of that communication dated 31.12.2008, the Government of Tripura, Education (Higher) Department has made certain modifications in their earlier notification No.F.4(11-4)- DHE/BGT/08(L-III)/568(25) dated 21.05.2011 [Annexure-9 to the writ petition] in the following terms :
"The incentives/non-compounded advance increments for acquiring Ph.D/M.Phil Degree meant for eligible college teachers according to this Notification be allowed w.e.f. 01.09.2008 following the UGC Regulations 2010 vide No.F.3-1/2009 dated 28.06.2010.
The advance increments for Ph.D/M.Phil Degree for incumbent college teachers who were awarded the degree during the period from 01.01.2006 to 31.08.2008 and for persons entering Tripura Govt. college service during this period with Ph.D/M.Phil degree shall be governed according to UGC Pay Scales, 1996 as adopted Page - 4 of 6 by the Government of Tripura. The basic pay of those college teachers under UGC Pay Scales, 2006 as adopted by the Govt. of Tripura shall be fixed in the appropriate stage of the fitment table taking into consideration the basic pay including advance increments already drawn/to be drawn by them as per UGC Pay Scales, 1996 as applicable in Tripura."
8. The petitioner made the representations for granting the similar benefits in terms of the said incentive scheme but since that was not granted, the petitioners have approached this court and contended, having reference to the memorandum under No.F.7.(A232)-MBBC/89/2544 dated 17.11.2014, that the similar benefits were extended to one of the Associate Professors [now retired]. Finally, Mr. A. Das, learned counsel appearing for the petitioner has submitted that these writ petitions are squarely covered by an order of this court dated 15.10.2015 as delivered in WP(C) No.374 of 2011 [Dr. Pallab Kanti Ghoshal and Others versus The State of Tripura and Others]. By that judgment the petitioners were directed to submit a representation before the Directorate of Higher Education, the respondent No.3 herein, stating all their grievances and also showing the names of the other similar situated persons who were provided three (3) non- compounded increments for securing the degree of Ph.D., within a period of 15(fifteen) days and the respondent No.3 shall consider the same within 1(one) month from the date of receipt of the same and at the time of consideration if it is found that the petitioners are similarly situated like Dr. Anjali Chakraborty, Dr. Shyamal Debnath and others then the petitioners shall also be provided with the same benefits.
9. Mr. Das, learned counsel has drawn notice of the court to the memorandum No.F.4(11-4)/DHE/BGT/12/2668(6) dated 26.11.2015 whereby those petitioners were granted 3 (three) noncompounded increments in the revised rate to those petitioners in terms of the notification No.F.4(11-4)-DHE/BGT/08(L-III) Page - 5 of 6 dated 02.02.2010 from the date of acquiring the Ph.D. Degree. Mr. Das, learned counsel has submitted that the petitioners are similarly circumstanced and they are entitled to get the similar benefits.
10. Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents has not in his fairness, contested the said position and he has submitted that if the petitioners are similarly circumstanced, subject to the notifications as referred, they will be given the similar benefits.
11. Having appreciated the submissions made by the learned counsel for the parties, the respondents are directed to grant the petitioners 3(three) non-compounded advance increments in the revised rate in terms of the notification No. F.4(11-4)- DHE/BGT/08(LIII) dated 02.02.2010 read with the communication under No.1-32/2006-U.II/U.I(1) dated 31.12.2008 from the date when they acquired the degree of Ph.D, after due adjustment, if any. The petitioners shall be paid the arrears on account of the said 3(three) non-compounded advance increments within a period of 3(three) months from the day when the petitioner shall place a copy of this order to the respondents No.2 and 3.
In terms of the above, this petition stands allowed.
There shall be no order as to costs."
Learned Additional Government Advocate, Mr. Mangal Debbarma, was unable to point out any distinction in relevant facts in the present case. Under the circumstances, by allowing the petition, it is directed that the petitioners shall be granted two non-compounded increments in terms of the Government notification dated 2 nd February, Page - 6 of 6 2010 from the date when they acquired the qualification of M. Tech. The petitioners would be entitled to arrears of pay also.
Petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.
( AKIL KURESHI, CJ ) Sukhendu