Tripura High Court
Dr. Pallab Kanti Ghosal vs The State Of Tripura And Others on 21 June, 2019
Author: S. Talapatra
Bench: S. Talapatra
HIGH COURT OF TRIPURA
AGARTALA
WP(C)No.701 of 2019
Dr. Pallab Kanti Ghosal
Petitioner(s)
Versus
The State of Tripura and Others
Respondent(s)
For Petitioner(s) : Mr. K. Nath, Adv.
For Respondent(s) : Mr. N. Majumder, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
21/06/2019
Heard Mr. K. Nath, learned counsel appearing for the petitioner. On advance notice, Mr. N. Majumder, learned counsel appears for the respondents.
2. It is no denying fact that the petitioner is otherwise eligible to be considered under the Career Advancement Scheme (CAS) for the faculty members under the revised UGC/AICTE pay scales. The Scheme has been adopted by the Directorate of Higher Education, Government of Tripura, by their notification under No.F.1(13-1)- DHE/Estt(G)/12/2631(29) dated 19.10.2012 [Annexure-1 to the writ petition]. From the said notification, it clearly transpires that the placement of the Associate Professor to the post of the Professor i.e. from AGP Rs.9,000/- to AGP Rs.10,000/- under the said CAS is subject to creation of 10% posts of Professor under Education (Higher) Department having reference to the total number of Page 2 of 4 Associate Professors in position. The other requirements are provided as follows :
Associate Associate Professors completing (i) A Ph.D. Degree in Professor (Stage three years of service in the AGP relevant discipline is
4) to Professor Rs.9,000/- may be moved AGP mandatory.
(Stage 5) Rs.10,000/- with designation of (AGP 9000/- to Professor (ii) A minimum of four 10000/-) (i.e. as per terms and conditions of publications in reputed the State Government Notification journals/books/edited for revision of pay of the teachers books (published by of General/Professional and international/National/State Degree level College meant for level publishers with CAS). ISBN/ISSN numbers)or in Government Publications since the period that the teacher is placed in Stage 3.
(iii) At least one Text/Reference/concerned discipline related/research oriented Book published by international/National/state level with ISBN/ISSN number.
(iv) Screening cum Verification process for recommending promotion.
3. Mr. K. Nath, learned counsel appearing for the petitioner has placed before this court the information that has been placed to the petitioner by the communication dated 12.03.2019 under No.F.1(673)-DHE/Set(G)/2016 [part of Annexure-8 to the writ petition] wherefrom it is gathered as follows :
"The self appraisal placed before the Screening Committee meant for CAS on 09.04.2013, wherein the Screening Committee examined the matter and observed that the administrative Department shall initiate the proposal for creation of the post of Professor under the Department as earliest possible. Copy of the relevant Page-12 of the said Minutes is enclosed at F/'A'.
Accordingly, the Directorate of Higher Education initiated the proposal for creation of post of Professor, Govt.(General) Degree Colleges on 08.05.2013. The proposal for creation is under consideration of the State Government."
[Emphasis added]
4. Further, the information that has been received by the petitioner indicates that 07(seven) cases were placed for up- gradation to the post of Professor with AGP of Rs.10,000/- per month Page 3 of 4 has been examined by the committee and observed that Para-(b) of Annexure-1 vide notification No.F.4(11-4)-DHE/BGT/08(L-III) dated 02.02.2010, provides that 10% of sanctioned posts of associate Professors are to be created in the cadre of Professor in Under Graduate Colleges, out of which one-fourth shall be earmarked for direct recruitment. As such, the cases for movement to the Professor post with AGP Rs.10,000/- shall be considered by the Committee on creation of 10% post of professors proportionate to the existing Associate Professor posts under the Department.
5. By means of this petition, the petitioner has urged this court to direct the respondents to give him promotion under CAS to the post of Professor in compliance of the Annexure-1 to the letter dated 19.10.2012 issued by the Directorate of Higher Education, Government of Tripura to the Principals, Government Degree Colleges. Further, it has been urged to this court to consider the placement of the petitioner from the post of Associate Professor to the post of Professor in terms of CAS with effect from the date, when the petitioner completed three years as Associate Professor.
6. This court is constrained to observe that since, it is on record that 10% of the sanctioned Associate Professors have not been created in the cadre as yet, this court cannot grant such relief, as urged.
Having observed the dilly dallying of the respondents to implement their own policy, the respondents are directed to expeditiously take the decision on creation of the post of Professors [under CAS] a proposal for which was initiated on 08.05.2013 as is reflected in the communication dated 12.03.2019 [the information Page 4 of 4 which has been disclosed under the Right to Information Act, 2005] within a period of three months from the day when the petitioner shall submit a copy of the order to the respondents.
Needless to observe that if the petitioner is aggrieved by any decision of the respondents, he shall be at liberty to approach this court.
In terms of the above, this petition stands disposed of. No order in respect of costs.
A copy of this order be supplied to Mr. N. Majumder, learned counsel appearing for the respondents for doing the needful.
JUDGE Sabyasachi B