Tripura High Court
Dr. Anindita Begum (Kusari) vs The State Of Tripura on 8 March, 2018
Author: S. Talapatra
Bench: S. Talapatra
Page 1 of 8
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No. 675 of 2017
Dr. Anindita Begum (Kusari),
wife of Tara Miah Chowdhury,
PEC BRICK FIELD, South Ramnagar,
Town/Vill- Agartala, Sub-Division- Sadar,
District : West Tripura, PIN : 799001
----Petitioner(s)
Versus
1. The State of Tripura,
(to be represented by the Secretary to the
Government of Tripura)
Higher Education Department,
New Civil Secretariat Complex,
P.O. Kunjaban, Agartala, PIN : 799006
2. The Secretary,
to the Government of Tripura,
Finance Department,
Civil Secretariat, Capital Complex,
P.O. Kunjaban, Agartala, PIN : 799006
3. The Director of Higher Education,
Government of Tripura,
Old Secretariat Complex,
P.O. Agartala, District : West Tripura
----Respondent(s)
Connected with WP(C) No.676 of 2017 Dr. Umasankar Roy, son of late Dinabandhu Roy, 59, Ramnagar Road No.1, Town/Vill- Agartala, Sub-Division- Sadar, District : West Tripura, PIN : 799002
----Petitioner(s) Versus
1. The State of Tripura, (to be represented by the Secretary to the Government of Tripura) Higher Education Department, New Civil Secretariat Complex, P.O. Kunjaban, Agartala, PIN : 799006
2. The Secretary, to the Government of Tripura, Finance Department, Civil Secretariat, Capital Complex, P.O. Kunjaban, Agartala, PIN : 799006 Page 2 of 8
3. The Director of Higher Education, Government of Tripura, Old Secretariat Complex, P.O. Agartala, District : West Tripura
----Respondent(s) For Petitioner(s) : Mr. Alik Das, Advocate For Respondent(s) : Mr. S. Chakraborty, Addl. G.A. Date of Judgment & Order : 08/03/2018 Whether fit for reporting : YES/NO HON'BLE MR. JUSTICE S. TALAPATRA Judgment and Order Heard Mr. A. Das, learned counsel appearing for the petitioners as well as Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents.
2. These writ petitions being WP(C) No.675 of 2017 [Dr. Anindita Begam (Kusari) versus The State of Tripura and Others] and WP(C) No.676 of 2017 [Dr. Uma Sankar Roy versus The State of Tripura and Others] are consolidated for disposal by a common judgment, inasmuch as a common question wade through in these writ petitions.
3. By means of these writ petitions, the petitioners have urged this court for quashing the notification dated 21.05.2011 [Annexure-9 to the writ petition] and the memorandum dated 04.01.2013 [Annexure-13 to the writ petition]. That apart, the petitioners have urged for declaration that Clause-viii of para-4 of the notification dated 02.02.2010 [Annexure-7 to the writ petition] be for all purposes treated inoperative. Further, the petitioner has urged for Page 3 of 8 directing the respondents to 'restore' three non-compounded increments with arrears for acquisition of the Ph.D Degree. The petitioners have averred that the said benefit was extended but later on withdrawn. Hence, the writ petitioner's have hardly pressed for quashing the memorandum dated 04.01.2013 as stated.
4. There is no dispute that the petitioners had been working as the Assistant Professor when they had been awarded the degree of Ph.D in the period from 01.01.2006 to 31.08.2008. As a result, they were granted three non-compounded advanced increments for acquiring the Ph.D Degree. According to the petitioners, the scale as recommended by the UGC has been implemented in partial modification by the notification No.F.1(499)-DHF/98 dated 26.03.1999, issued by the Education (Higher) Department, Government of Tripura. Another notification was issued by the Government of Tripura, Education (Higher) Department on 30.09.2002 [Annexure-6 to the writ petition] where it was provided that the incentive in the form of 2(two) advance increments for acquiring Ph.D. degree and 1(one) advance increment for acquiring M. Phil degree would be available to the in-service teachers under UGC scales. It has been further clarified that these benefits shall be extended only to those teachers who were not given the benefit of any advance increments in terms of the earlier Career Advancement Scheme [CAS] of the UGC. These benefits have been allowed w.e.f. 01.04.2002, irrespective of whether the teachers have joined the service prior to 01.01.1996 or after 01.01.1996.
5. Thereafter, by the notification No.F.4(11-4)- DHE/BGT/08(L-III) dated 02.02.2010 [Annexure-7 to the writ petition] Page 4 of 8 the pay scales were again modified in terms of the recommendation of the UGC with certain modifications. In the said notification, under Para-4, the following provisions have been accommodated :
"4. Incentives for Ph.D/M.Phil and other higher qualifications.
(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.
(iii) 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, course-
work and evaluation etc.
(iv) 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.
(v) 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.
(vi) Teachers in service who have not yet enrolled for Ph.D shall, therefore, derive the benefit of three non- compounded increments in award if 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.
(vii) Teachers who acquire M.Phil degree or a post graduate degree in a professional course recognized by the relevant Statutory Body/Council, while in service, shall be entitled to one advance increment. If post graduate qualification in a particular subject is not a mandatory requirement at entry level of recruitment, acquisition of such a qualification for in-service candidates shall also entitle them to one advance increment."
[Emphasis added] Page 5 of 8
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.
(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, course-
work 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.
Page 6 of 8
(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 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.(A-
232)-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 Page 7 of 8 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) non- compounded increments in the revised rate to those petitioners in terms of the notification No.F.4(11-4)-DHE/BGT/08(L-III) 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 Page 8 of 8 revised rate in terms of the notification No. F.4(11-4)-DHE/BGT/08(L- III) 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.
JUDGE Sabyasachi. B