Dr. Ruma Bhattacharya vs The State Of Tripura on 19 January, 2022

[Cites 4, Cited by 0]

Tripura High Court

Dr. Ruma Bhattacharya vs The State Of Tripura on 19 January, 2022

BEFORE THE HON'BLE MR. JUSTICE S. TALAPATRA For the petitioner : Mr. K. Chakraborty, Advocate For the respondents : Mr. M. Debbarma, Addl. G.A. Date of hearing : 21.12.2021 Date of judgment & order : 19.01.2022 Whether fit for reporting : NO HON'BLE MR. JUSTICE S. TALAPATRA Judgment & Order The petitioner, who is presently serving as Associate Professor, being posted at Ramthakur College under the Education (Higher) Department, Government of Tripura, has by means of this writ petition, challenged the notifications dated 18.05.2013, 02.07.2015 and 09.10.2017 [Annexures-7, 8 & 9 respectively]. By those notifications even though the movement to higher AGPs were given, but the movements were not given on due dates, to the serious prejudice of the petitioner. The petitioner has further urged for directing the respondents to release one unpaid non-compounded increment out of two non-compounded increments for possessing M. Phil degree at the time of entry in the service as Asst. Professor and also to release three non- compounded unpaid advance increments for completing Ph.D. while she was in service. That apart, the petitioner has also urged for granting her AGP (Academic Grade Pay) of Rs.7,000/- w.e.f. 14.01.2008 on completion of four years of service, AGP of Rs.8,000/- w.e.f. 14.01.2003 on completion of five years of service from AGP of Rs.7,000/- and AGP of Rs.9,000/- with designation of Associate Professor w.e.f. 14.01.2016, on completion of three years of service in AGP of Rs.8,000/- along with arrears. In addition, the Page 3 of 14 petitioner has urged this Court for directing the respondents to record her Ph.D. degree in her service book which was conferred on 28.07.2006.

2. The petitioner was selected by the Tripura Public Service Commission (TPSC for short), for recruitment to the post of Assistant Professor, Government Degree Colleges, Tripura pursuant to the advertisement No. 09/2009. In terms of the offer contained in the Memorandum dated 06.12.2003 (Annexure-2 to the writ petition), the petitioner was appointed by the notification dated 27.12.2003 (Annexure-3 to the writ petition) in the pay scale of Rs.8,000 - 13,500 as revised by the UGC pay scale, 1996 and she was asked to join K.N. Mahavidyalaya, Sonamura. The petitioner joined the said place of posting on 14.01.2004 as Assistant Professor. At the time of entry in the service, the petitioner had the degree of M.Phil from M.S. University of Baroda and she had cleared the National Eligibility Test as conducted by the University Grants Commission (UGC, for short). It is noteworthy that the petitioner had completed her Ph.D. from M.S. University of Baroda while in service on 28.07.2006, when the syndicate of the said University declared the petitioner qualified for award of Ph.D. degree. It is evident from the declaration dated 24.08.2006 (Annexure-5 to the writ petition) that the syndicate of the said University in their meeting held on 24.08.2006 had declared the petitioner to have qualified for award of Ph.D. Degree. Thereafter, in the convocation which was held on 17.10.2006 the petitioner was conferred the degree certificate of Doctor of Philosophy (Ph.D) in History. The said certificate, as referred, is available at Annexure-6 to the writ petition.

3. It is also evident from the notification dated 18.05.2013 (Annexure-7 to the writ petition) that on recommendation of the Screening Page 4 of 14 Committee as constituted by the Education Department vide notification dated 22.09.2012, the petitioner was moved to AGP of Rs.7,000/- from AGP of Rs.6,000/- w.e.f. 14.01.2020.

4. Thereafter, on recommendation of the Screening Committee as constituted by the Education (Higher) Department by their notification dated 01.01.2015, the petitioner was moved to AGP of Rs.8,000/- in the pay band of Rs.15,600 -39,100 from AGP of Rs.7,000/- by the notification dated 02.07.2015 (Annexure-8 to the writ petition) w.e.f. 14.01.2014. Again the petitioner was moved to the AGP of Rs.9,000/- in the pay band of Rs.37,400-67,000 with designation of Associate Professor by the notification dated 09.10.2007 w.e.f. 14.01.2017.

5. The grievance of the petitioner, as enumerated, is that in terms of the notification dated 02.02.2010 (Annexure-10 to the writ petition) vide Annexure-I, she was entitled to movement to AGP of Rs.7,000/- on completion of four years of her service possessing Ph.D. in the relevant discipline.

6. In this juncture, it requires to be noted that those Assistant Professors who did not have Ph.D. degree but did possess M.Phil degree, they shall be eligible for AGP of Rs.7,000/- after completion of 5 years of service as Assistant Professor. The Assistant Professors who did not have Ph.D. or M.Phil shall be eligible for AGP of Rs.7,000/- only after completion of 6 years of service as Assistant Professor. Again, the Assistant Professors who completed 5 years of service in the AGP of Rs.7,000/- shall be eligible to move to AGP of Rs.8,000/- subject to fulfillment of other requirements. The Associate Professor is placed by the said notification dated 02.02.2010 in the pay band of Rs.37,400 - 67,000 with AGP of Rs.9,000/- and hence, the directly recruited Page 5 of 14 Associate Professors are entitled to the said pay band and AGP. But by another channel, the Assistant Professors who completed 3 years of teaching in the AGP of Rs.8,000/- shall be eligible, subject to other conditions, as might be prescribed by the UGC, to move to the pay band of Rs.37,400-67,0000 with AGP of Rs.9,000/- and they would be, in that event, simultaneously designated as Associate Professors. The Associate Professors after completing three years of service in the AGP of Rs.9,000/- and possessing the Ph.D. degree in the relevant discipline shall be eligible to be appointed as Professor, subject to other conditions viz., academic performance as laid down by UGC. However, there is a restriction. If an Assistant Professor does not have a Ph.D. degree, he/she will not be considered for such movement to the pay benefit and designation as Professor.

7. That apart, the petitioner has other grievances not relating to Career Advancement Scheme (CAS) but in respect of incentives as laid down under para 4 of Annexure-I of the notification dated 02.02.2010 (Anenxure-10 to the writ petition). For purpose of reference, the relevant provisions made for incentives are reproduced hereunder:

"(i) .......

(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.

(iii) Teachers who complete their Ph.D degree wile 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, course-

work and evaluation, etc."

8. According to the petitioner, she has been granted only one non- compounded advance increment instead of two non-compounded advance increments for having possessed M.Phil degree at the time of recruitment to Page 6 of 14 the post of Assistant Professor. The petitioner was supposed to get three more non-compounded advance increments for acquiring the Ph.D. degree as the in- service candidate complying with the process prescribed by UGC for enrolment, course work, evaluation, etc. but on that count, no increment was released in favour of the petitioner at all. Hence, she is entitled to get three more non- compounded advance increments for acquiring the degree of Ph.D. It may, however, be noted that the benefit of usual fixation as applicable for normal promotion will be available for movement under CAS subject to the proviso below para 8.2 of Annexure-I.

9. The petitioner has referred to a communication dated 17.08.2015 (Annexure-11 to the writ petition) of UGC addressed to all Vice Chancellors of the country where it has been provided as follows:

"1.1 An Assistant Professor with completed service of four years, possessing Ph.D. Degree in the relevant discipline shall be eligible, for moving to AGP of Rs.7,000.

It is clarified that an Assistant Professor who completes Ph.D. or M.Phil. Degree within 4 or 5 years from the date of his/her appointment shall also be eligible for moving from the AGP of Rs.6000/- to AGP of Rs.7000/- after completion of 4 and 5 years of his/her service respectively. Further, if the incumbent acquires Ph.D./M.Phil after completion of 4 years of service/5 years of service and before 6 years of service respectively, he/she shall be eligible to move to Stage-II (AGP Rs.7000) from the date of award of Ph.D./M.Phil. Degree subject to the fulfillment of other conditions stipulated in UGC Regulations (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and colleges and Measures for the maintenance of Standards in Higher Education), 2010, for the same. Provided; that the Ph.D./M.Phil. Degree awarded by the University is in the relevant subject, following the process of admission, registration, course work and external evaluation as per above regulations.

However, the claim of advance increments for possessing Ph.D/M.Phil Degree as mentioned above shall be strictly as per clause 9.4(i) and 9.7 of schedule for clause 6.8.0 of UGC Regulations, 2010."

Page 7 of 14

10. It is apparent that UGC has clarified that an Assistant Professor who completed Ph.D. or M.Phil degrees within four or five years from the date of his or her appointment shall also be eligible for movement from AGP of Rs.6,000/- to AGP of Rs.7,000/-, however, subject to fulfillment of other conditions as stipulated by UGC Regulations (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and colleges and Measures for the maintenance of Standards in Higher Education), 2010 and if Ph.D. or M.Phil degrees are awarded by the University in the relevant subject [meaning for which subject the Assistant Professor is appointed], following the process of admission, registration, course work and external evaluation as per the above regulation. Thus, the confusion that existed prior o 17.08.2015 has been clarified that if the concerned Assistant Professor can acquire Ph.D degree within four years from the date of entry in the post of Assistant Professor he/she will be qualified to move to AGP of Rs.7,000/- on completion of four years of service in the grade of Assistant Professor with AGP of Rs.6,000/-.

11. There cannot be any amount of dispute, and even the respondents have not disputed, that the petitioner acquired the degree of Ph.D. much before completion of four years in the grade of Assistant Professor. To be precise, the petitioner had joined in the post of Assistant Professor on 24.01.2004 and she was declared qualified for Ph.D. on 28.07.2006. Hence, the petitioner was entitled to the consideration of movement to AGP of Rs.7,000/- on her completion of four years of service in the grade of Assistant Professor. But she was moved to that AGP w.e.f. 14.01.2010 instead of 14.01.2008. Similarly, she was moved to AGP of Page 8 of 14 Rs.8,000/- in the pay band of Rs.15,600 - 39,100 on 14.01.2014 whereas she was entitled to such movement on 14.01.2013 on completion of five years in the AGP of Rs.7,000/-, which she was supposed to move on 14.01.2008 but the petitioner had been moved almost after a year from the due date. Similarly, the petitioner was supposed to be considered for her movement to AGP of Rs.9,000/- in the pay band of Rs.37,400 - 67,000 with designation of Associate Professor under CAS w.e.f. 14.01.2016 whereas the petitioner has been moved on 14.01.2017.

12. Mr. K Chakraborty, learned counsel appearing for the petitioner has contended that the petitioner has asserted her grievance by filing representations dated 08.03.2019, 23.12.2019 and 15.02.2020 (part of Annexure-12 to the writ petition) but no positive result has yielded. Hence, the petitioner has approached this Court seeking remedy of her grievances.

13. The respondents, represented by Mr. M Debbarma, learned Addl. GA has, in order to repel the contentions of the petitioner, filed the reply and stated that financial benefits of the petitioner are covered by UGC 5th and 6th CPC. The Education (Higher) Department had revised the pay for the college teachers w.e.f. 01.01.1996 as per UGC 5th CPC by the notification dated 26.03.1999. In para 4(a) and (b) of Annexure-1 to the said notification dated 26.03.1999, the following terms and conditions, inter alia, are available:

(a) Four and two advance increments will be admissible to those who hold Ph.D. and M. Phil degree respectively at the time of recruitment as lecturers.

(b) One increment will be admissible to those teachers with M. Phil degree who acquire Ph.D. Degree within two years of recruitment.

Page 9 of 14

14. Those respondents have clearly admitted that inadvertently benefit of one advance increment was extended to the petitioner for having M.Phil degree at the time of recruitment, whereas the petitioner was entitled to two non-compounded advance increments for having M.Phil degree at the time of recruitment.

15. The respondents have also admitted that what the petitioner has asserted having relied the notification dated 02.02.2010 is true to the records, but they have simultaneously asserted that the release of non-compounded advance increments for acquisition of Ph.D. degree is pending for two reasons, viz.,

(i) it is subject to ascertainment that whether the degree of Ph.D. which the petitioner has been conferred has been carried out in terms of the UGC regulations, 2018, meaning whether the following conditions have been fulfilled or not:

(a) Ph.D. Degree of the candidate was awarded in regular mode only.

(b) Evaluation of the Ph.D. thesis by at least two external examiners.

(c) Open Ph.D. viva voce of the candidate had been conducted.

(d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in a referred journal.

(e) Candidate has made at least two presentations in conferences/seminars, based on (a) to (e) above are to be certified by the Vice- Chancellor/Pro-Vice Chancellor/ Dean (Academic Affairs)/Dean (University institutions).

For that reason, the Registrar of the MS University, Baroda has been requested to verify but no report has yet been received from that authority;

(ii) The incumbent Asst. Professors who acquired Ph.D./M.Phil degrees during the period from 01.01.2006 to 31.08.2008 and the Asst. Page 10 of 14 Professors who had entered into service with Ph.D. or M.Phil degrees, they shall be governed by UGC pay scales, 1996 as adopted by the Government of Tripura.

16. According to the respondents, it implies that the respondents shall not release the incentive for acquiring of Ph.D. in accordance with the notification dated 02.02.2010. According to the respondents, the incentives for acquisition of the Ph.D. Degree by the petitioner will be governed by the notification dated 26.03.1999, meaning by the previous incentive scheme as provided in para 4 of Annexure-I of the notification dated 26.03.1999 would be applicable. In that scheme, one increment will be admissible to the Asst. Professors with M.Phil degree who acquired Ph.D. Degree within two years of recruitment. Sum and substance of the said submission is that the petitioner would have been entitled to one non-compoundable increment for her acquisition of the Ph.D. Degree if that was done within two years of entry in the service.

17. In support of this contention, Mr. Debbarma, learned Addl. GA has produced the UGC regulations on Minimum Qualifications for Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of the Standards of Higher Education, 2010. By the said regulation, it has been provided (see regulation 9.0) that incentive of Ph.D./M.Phil and other higher qualification will take effect from 01.09.2008. Hence, the respondents have contended that prior to 01.09.2008 the incentives will be governed by the previous incentive scheme as made under the UGC pay scales, 1996 implemented by the notification dated 26.03.1999 (published in the Extra Ordinary Gazette of Tripura Gazette dated 13.04.1999). Page 11 of 14 In respect of the other averments, the respondents are evasive. Even no materials have been placed before this Court, a few notifications as regards the constitution of the screening committees.

18. The petitioner has filed a short rejoinder to assert that the Ph.D. programme that she followed was strictly in accordance with the criterion laid down by the UGC regulations and the same would be evident from the certificate issued by the MS University of Baroda on 22.06.2021 (Annexure-E to the rejoinder). The said certificate was duly forwarded, by the petitioner by her letter dated 23.11.2021 (Annexure-D to the rejoinder) to the respondents. Even, thereafter, those benefits were not released. According to the petitioner, such action of the respondents is grossly arbitrary and unreasonable.

19. Mr. K Chakraborty, learned counsel appearing for the petitioner has placed the judgment of this Court in Dr. Goutam Saha & Anr. Vs. The State of Tripura & Ors. [judgment dated 26.03.2019 delivered in WP(C)72 of 2019] where this Court had occasion to observe that the petitioners will be entitled to get five non-compounded advance increments by operation of the notification dated 02.02.2010 for having their Ph.D. at the time of recruitment and two non-compounded advance increments for having M.Phil degree at the time of their recruitment to the post of Assistant Professor.

20. The said above judgment was passed based on a series of decisions taken by this Court to decide whether the persons acquiring the Ph.D. degree prior to 01.09.2008 would be entitled to the benefit of the incentives as implemented by the notification dated 02.02.2020. It has been held that the benefit as extended by the notification dated 02.02.2010 would be entitled to them. Hence, this judgment will have some bearing on the Page 12 of 14 evaluation of the objection raised by the respondents that those who have acquired the Ph.D. or any other degree during the period from 01.01.2006 to 31.08.2008 shall not be entitled to those incentives as declared by the notification dated 02.02.2010.

21. Having appreciated the records, the relevant regulations and the submissions as advanced by the counsel for the parties, this Court is of the view that the Screening Committee had recommended the petitioner for movement to the respective AGP on completion of the required years of service. The respondents have failed to provide any explanation or clarification why such release was deferred. It is clarified that it has been stipulated under CAS that if the incumbent Assistant Professor does fulfill the conditions as is laid down by the competent authority, the movement will be on completion of the prescribed years. Hence, the respondents are directed to move the petitioner to AGP of Rs.7,000/- from AGP of Rs.6,000/- w.e.f. 14.01.2008 as the petitioner had Ph.D. within four years of her recruitment and she had completed four years of service on 14.01.2008.

22. Further, the petitioner shall be moved to AGP of Rs.8,000/- from AGP of Rs.7,000/- w.e.f. 14.01.2013 on completion of five years of service in AGP of Rs.7,000/- and to AGP of Rs.9,000/- with designation as Associate Professor from AGP of Rs.8,000/- w.e.f. 14.01.2016 on completion of three years of service in AGP of Rs.8,000/-. The petitioner shall be entitled to arrears of pay for such rescheduling the movement of AGPs, as above.

23. Further, the petitioner is entitled to get two non-compounded advance increments for having M.Phil degree from day of recruitment i.e. 14.01.2004. Since one non-compounded advance increment has been released Page 13 of 14 by the respondents, the outstanding increment shall be released in terms of this order. As noted earlier, is no dispute as regards this issue.

24. However, the contention that the petitioner will not be entitled to get any further increment for acquiring the Ph.D. degree as para 4(b) of the notification dated 26.03.1999 provides as follows:

"One increment will be admissible to those teachers with M.Phil degree who acquired their Ph.D. degree within two years of recruitment."

It is evident that the petitioner did not acquire the Ph.D. degree within two years of recruitment as it is evident that the petitioner has acquired the Ph.D. degree on 28.07.2006 whereas she had joined service on 14.01.2004. As corollary, it has been contended that the petitioner is not entitled to any further increment for acquiring the Ph.D. degree. But this court has decided in Dr. Gautam Saha (supra) based on an earlier decision in Dr. Pallab Kanti Ghoshal & Ors. Vs. The State of Tripura & Ors. [judgment dated 15.10.2015 delivered in WP(C)374/2011] that benefit has not been entirely taken away. The benefits in terms of para 4(i) of Annexure-I to the notification dated 02.02.2010 shall be entitled to the Asst. Professors who acquired the Ph.D. or M. Phil. However, no financial benefits prior to 01.09.2008.

25. It raises another question. Whether the provisions of the UGC regulations as made in exercise of powers conferred by Section 26 of University Grants Commission Act, 1957 takes away the benefits which otherwise has been given by the 6th Central Pay Commission w.e.f. 01.01.2006. The said regulation provides that incentives for Ph.D./M.Phil and other higher qualification shall be effective from 01.01.2008. It implies that no Page 14 of 14 benefit shall arise during the period from 01.01.22006 to 31.12.2007 under the notification dated 02.02.2010 (Annexure-10 to the writ petition).

26. In Dr. Goutam Saha (supra), this Court had observed that the persons who had acquired the Ph.D. degree in service, they would get the benefit of the incentives in terms of the notification dated 02.02.2010. Consequently, taking away benefits granted to some of the Assistant Professors were interfered by this Court. Thus, the petitioner will also get three non-compounded advance increment for acquisition of her Ph.D. degree w.e.f. 01.09.2008.

27. The respondents are therefore directed to release the financial benefits as would accrue to the petitioner as consequence of the directionsas above, within a period of three months from the date when the petitioner shall produce a copy of this judgment and order to the respondents.

28. In terms of the above, this writ petition stands allowed.

There shall be no order as to costs.

Pending applications, if any, also stand disposed of.

JUDGE lodh

Unlock Advanced Research with PRISMAI

Tripura High Court