Tripura High Court
Dr. Pallab Kanti Ghosal vs The State Of Tripura on 12 April, 2021
Page - 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WA No.132/2021
Dr. Pallab Kanti Ghosal.
S/O- Lt. Sunil Kanti Ghoshal, R/O- Pratap Roy Road, Krishnanagar, PS-
West Agartala, Agartala, Tripura West
............... Appellant(s).
Vrs.
1. The State of Tripura.
To be represented by Secretary, Department of Education (Higher),
Government of Tripura, New Secretariat Complex, Kunjaban, Agartala,
West Tripura, PIN-799010
2. The Director.
Department of Higher Education, Government of Tripura, Office Lane,
Agartala, West Tripura
3. The Principal.
B.B.M College, Agartala, West Tripura
............... Respondent(s).
For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. Kawsik Nath, Advocate.
For Respondent(s) : Mr. K. De, Addl. Govt. Advocate.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
ORDER
12/04/2021
(Akil Kureshi, CJ)
This appeal is filed by the writ petitioner to challenge a
portion of the judgment of the learned Single Judge dated 02.02.2021
passed in W. P(C) No.482/2020 to the extent the same is adverse to the
petitioner.
[2] Brief facts are as under:
Page - 2 of 6
The petitioner was appointed as an Assistant Professor under
the Directorate of Higher Education, Govt. of Tripura on 22.12.1986. He
was promoted to the post of Associate Professor on 01.01.2006. Under a
communication dated 19.10.2012 issued by the Director of Higher
Education, the Government circulated guidelines for granting certain
incentives to in house teachers in Government colleges. Paragraph-4 of
these guidelines dated 18.10.2012 provided as under:
4. THE PLACEMENT FROM ASSOCIATE PROFESSOR TO PROFESSOR
(I.E. FROM AGP RS.9,000/- TO AGP RS.10,000/-) IS SUBJECT TO
CREATION OF 10% POSTS OF PROFESSOR UNDER EDUCATION
(HIGHER) DEPARTMENT IN REFERENCE TO THE TOTAL NUMBER OF
ASSOCIATE PROFESSOR IN POSITION.
Associate Associate Professors (i) A Ph. D Degree in relevant
Professor (Stage completing three years of discipline is mandatory.
4) to Professor service in the AGP
(ii) A minimum of four publications
(Stage 5) (AGP Rs.9,000/- may be moved
in reputed journals/books/edited
9000/- to 10,000/-) AGP Rs.10,000/- with
books (published by
designation of Professor (i.e.
international/National/State level
as per terms and conditions
publishers with ISBN/ISSN
of the State Government
numbers) or in Government
Notification for revision of
Publications since the period that the
pay of the teachers of
teacher is placed in Stage 3.
General/Professional and
Degree level College meant (iii) At least one
for CAS). 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] As per these guidelines an Associate Professor having higher
qualifications and publications as provided in column 3 of the guidelines,
would be granted AGP Rs.10,000/- instead of Rs.9,000/- and would be
designated as a Professor. This would however, be subject to creation of
10% post of Professors under Higher Education department with reference
Page - 3 of 6
to the number of Associate Professors. In essence for getting higher AGP
following three requirements would have to be satisfied:
(i) The employee must be an Associate Professor for a
minimum of three years.
(ii) Must have achieved educational qualifications and
publications as provided in column-3.
(iii) The Government should create post of Professors
equivalent to 10% of the existing Associate Processors.
[4] The petitioner claimed the benefit of the said guidelines and
submitted self appraisal report. The authorities did not grant the benefit
upon which the petitioner approached the High Court by filing Writ
Petition(C)No. 701 of 2019 which was disposed of on 21.06.2019
directing the respondents to take a expeditious decision on creation of the
post of Professors for which the proposal was already initiated. Since these
directions also did not have the desired effect, the petitioner had to
approach the High Court again by filing W. P(C) No. 482 of 2020. This
petition was disposed of by the impugned judgment dated 02.02.2021.
Following directions were issued :
"11. Having appreciated the submission made by the learned
counsel for the parties, the averments and the records
available with the writ petition, this court is of the view that
for inaction of the respondents in operationalising the
placement scheme by creation of the posts of Professor, the
eligible Associate Professors have been deprived and for
such deprivation the respondents are wholly responsible.
The state has not disclosed any reason for not creating the
posts of Professor in order to extend benefits to the eligible
Page - 4 of 6
Associate Professors. This court cannot be oblivious that the
said benefit was a stagnation relief. In these perspective
facts, as emerged, the respondents are directed to re-
consider the case of the petitioner whether he was suitable to
get the benefit of the scheme as circulated by the
communication dated 19.10.2012 [Annexure-1 to the writ
petition] and if it is found that the petitioner was fit for that
benefit, the petitioner be given the notional benefit with
effect from 09.04.2013 when the screening committee after
appreciating the self appraisal submitted by the petitioner,
recommended for creation of the post of Professor till the
date when the new scheme had come to effect, couched with
creation of the posts of Professors, by creating the
supernumerary post and converging them into the newly
created post as stated in the reply filed by the respondents.
But the last pay of the petitioner as he has retired from the
service will be re-determined on the basis of the scale of the
Professor having AGP of Rs.10,000/- or as revised
subsequently, if applicable. The petitioner will not get any
financial benefit till the time of convergence to the posts of
Professors, as created. It is clarified that in the process, the
last pay will be re-determined. In all circumstances, pension
and other retirement benefits be actual not notional. Such
benefit shall be released within a period of three months
from the day when a copy of this order be furnished to the
Director of Higher Education, Government of Tripura by the
petitioner."
[5] Perusal of the above quoted portion of the judgment of the
learned Single Judge would show that the petitioner's prayers were
substantially granted. Despite the fact that the Government had still not
created additional posts in the cadre of Professor, the respondents were
directed to give the benefit of higher AGP to the petitioner subject to
certain conditions. In the meantime, two things had happened. (i) the
petitioner had retired from service and (ii) a new scheme was also
introduced. The learned Judge, therefore, provided that a supernumerary
post in the cadre of Professor would be created till merger in the new
scheme and the petitioner would be granted benefit of higher AGP but on
Page - 5 of 6
notional basis till merger. It was clarified that the retiral benefits of the
petitioner would be drawn on the basis of such higher AGP or revised
salary as per the new scheme.
[6] The grievance of the petitioner is that he should have been
granted benefit from completion of three years of service as an Associate
Professor and that actual benefits should also have been made available.
We do not find any scope for enhancing the relief already granted by the
learned Single Judge. To begin with granting higher AGP was dependent
on the Government creating matching number of posts in the cadre of
Professor. Till this was done, no employee had a right to seek higher
salary. The learned Single Judge has already issued direction for creation
of such a post on supernumerary basis till implementation of a new scheme
in which the supernumerary post would be merged. The scheme for
granting higher AGP was created under circular dated 18.10.2012. Merely,
because the petitioner may have completed three years as an Associate
Professor much earlier, he had no right to seek higher wages without the
Government policy being put in place and without the follow up steps of
creation of posts of Professor also been taken. Granting higher wages in
the present case was by way of incentive for acquiring higher
qualifications and achieving greater publications. The same can be granted
only in terms of the policy.
Page - 6 of 6
[7] In the result, appeal is dismissed. Pending application(s), if
any, also stands disposed of.
(S. G. CHATTOPADHYAY),J. (AKIL KURESHI),CJ.
Dipankar
