Dr. Susanta Ghosh vs The State Of Tripura
2025 Latest Caselaw 810 Tri

Tripura High Court

Dr. Susanta Ghosh vs The State Of Tripura on 21 June, 2025

                    HIGH COURT OF TRIPURA
                              AGARTALA

                             WP(C) No.200 of 2025

 Dr. Susanta Ghosh, Age 44 years
 Son of Gobardhan Ghosh, resident of Town Bordowali, Near
 Bordowali H.S School, Bhattapukur Road, Agartala, P.O & P.S A.D.
 Nagar, District West Tripura, PIN 799003.
                                                  ......... Petitioner(s)

                              -Versus-

 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,
      Govt. Degree College, Longtharai Valley, Dhalai Tripura.
                                                  ........Respondent(s)

For the Petitioner(s)          :     Mr. P. Roy Barman, Senior Advocate.
                                     Mr. S. Bhattacharjee, Advocate.
For the Respondent(s)          :     Mr. P. Gautam, Senior G.A.
Date of hearing                :     21st June, 2025.
& delivery of
Judgment & Order
                                      YES    NO
Whether fit for reporting      :             √



        HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
                  JUDGMENT & ORDER (ORAL)

Heard Mr. P. Roy Barman, learned senior counsel for the

petitioner and Mr. P. Gautam, learned senior G.A. for the

respondents.

Counter affidavit is already submitted.

[2] On perusal of the record and on hearing of the parties it

appears that initially vide Memorandum dated 04.11.2010

(Annexure-1) offer of appointment to the post of Assistant

Professor in Bengali subject in Govt. (General) Degree College in

the revised pay Band of Rs.15,600-39,100/- with AGP Rs.6,000/-

per month, was issued to the petitioner and on acceptance of the

same he was posted at Michael Madhusudan Dutta College,

Sabroom. Thereafter, he also obtained Doctor of Philosophy (Arts)

in Bengali from the University of Calcutta as evident from a

certificate submitted under Annexure-3. Thereafter, he was also

favoured with movement in the higher pay of academic Level 11

from Level 10 of UGC pay scale w.e.f. 01.02.2017 which was later

on corrected by giving effect of said movement to Level 11 from

01.02.2015 vide corrigendum issued by the Department on

06.02.2023 (Annexure-5). In course of time, vide notification dated

19.12.2022 (Annexure-4) further movement from academic Level

11 to Level 12 of his pay was also allowed w.e.f. 01.01.2022.

[3] Mr. Roy Barman, learned senior counsel submits that

now he is entitled for movement of his pay from academic Level 12

to academic Level 13A in pursuance of the notification dated

27.12.2019 issued by Education (Higher) Department, Government

of Tripura (Annexure-6) and the relevant Clause III of said

notification as relied on by Mr. Roy Barman, learned senior counsel

is extracted hereunder:

"III. Assistant Professor (Selection Grade/Academic Level 12) to Associate Professor (Academic Level 13A) Eligibility:

a) Assistant Professor who has completed three years of service in Academic Level 12/Selection-Grade.

b) A Ph.D. degree in subject relevant/allied/relevant discipline.

c) Any one of the following during the last three years:

completed one course/programme from amongst the categories of Refresher Courses/Methodology Workshop/Syllabus Up-gradation Workshop/Teaching Learning-Evaluation Technology Programme/Faculty Development Programme of at least two weeks (ten days) duration (or completed two courses of at least one week (five days) duration in lieu of every single course/programme of at least two weeks (ten days) duration); or completed one MOOCs course (with certification); or contribution towards development of e-

contents in 4-quadrant (at least one quadrant) minimum of 10 modules of a course/contribution towards development of at least 10 modules of MOOCs course/contribution towards conduct of a MOOCs course during the period of assessment.

CAS Promotion Criteria:

A teacher may be promoted if:

a) He/she gets a „satisfactory‟ or „good‟ grade in the annual performance assessment reports of at least two of the last three years of the assessment period as prescribed in Appendix II, Table 1 of the UGC Pay Regulation, 2018, and

b) The promotion to the post of Associate Professor is recommended by the selection committee in accordance with the UGC Pay Regulation, 2018."

[4] In view of above said provision, Mr. Roy Barman,

learned senior counsel submits that the petitioner has already

completed 3 years of service in academic Level 12 and he has also

obtained Ph.D. degree and therefore, he is now entitled for

movement of his pay from academic Level 12 to academic Level

13A w.e.f. 01.02.2023 i.e. by computing 3 years from the date

01.02.2020. Learned senior counsel submits that though according

to the notification dated 19.12.2022 (Annexure-4), the date of

giving effect of movement to academic Level 12 to the petitioner

was from 01.01.2022 but the necessary correction was made in

respect of his movement to academic Level 11 w.e.f. 01.02.2015 in

lieu of 01.02.2017 and therefore, 2(two) years should also be

preponed in case of giving effect to his movement from Level 11 to

Level 12 and thereby giving effect of said movement from

01.02.2020.

[5] Mr. Roy Barman, learned senior counsel further refers to

a representation dated 27.03.2023 (Annexure-8) addressed to the

respondent No.3 and another reminder representation dated

27.03.2023 (Annexure-9) addressed to the respondent No.2

praying for such movement to the academic Level 13A and submits

that both the representations did not fetch any positive result,

rather a letter was sent by respondent No.3 on 02.07.2024

(Annexure-11) to the petitioner which exhibits some strained

relationship between the petitioner and respondent No.3 for which

the respondent No.3 took the matter personally and declined to

forward the matter to the higher authority for providing such

benefit to the petitioner. Learned senior counsel in that aspect

submits that necessary direction may be issued to the respondents

to provide the petitioner necessary benefit of movement of his pay

from academic Level 12 to academic Pay Level 13A.

[6] Mr. P. Gautam, learned senior G.A., on the other hand

referring to the counter affidavit, more particularly Para No.10 to

13 submits that already the Department has instructed respondent

No.3 to review the petitioner‟s case for CAS promotion to the post

of Associate Professor and to take necessary steps in this regard

after assessing whether the petitioner meets the required

qualification for such up-gradation or not. Mr. P. Gautam, learned

senior G.A. also submits that if the petitioner fulfils all the criteria,

the Department has no objection to provide him such benefit.

However, one such verification is now required to be done in this

regard.

[7] This Court has considered the submission of both sides

and has also perused the record.

[8] Even if the contention of learned senior counsel that

benefit at academic pay Level 12 to the petitioner is to be provided

w.e.f. 01.02.2020 is not examined at this stage in view of absence

of any document in this regard, however, from the notification

dated 19.12.2022 (Annexure-4) it appears that already the

petitioner has completed 3(three) years of his service at Level 12

even from the date 01.01.2022. From the notification dated

27.12.2019 (Annexure-6) against Clause No.II it also appears that

an Assistant Professor who has completed 5(five) years of service

in academic Level 11 will also be entitled to movement to academic

Level 12 if he fulfils other required conditions and in the instant

case as per corrigendum dated 06.02.2023 (Annexure-5), the

movement to academic Level 11 was provided to the petitioner

w.e.f. 01.02.2015. Therefore, same also requires scrutiny by the

concerned Department asto whether such movement in academic

Level 12 is to be given effect from 01.02.2020 or from 01.01.2022.

There is also materials in the record that petitioner has already

obtained Ph.D. degree in Bengali. The respondent No.3 in his letter

dated 02.07.2024 (Annexure-11) noted some grievances against

the petitioner about levelling of some baseless allegations against

him (respondent No.3) by the petitioner and ultimately commented

that he would not deal with the CAS application of the petitioner

anymore and also would not deal with any other matter related to

petitioner or his career, however, such personal relation or feelings

should not come across the official functioning of any of them.

[9] Considering all these aspects and also in view of the

discussions made above, the writ petition is allowed. The

respondents are directed to examine the case of the petitioner and

to provide him the benefit of movement of his pay from academic

pay Level 12 to academic pay Level 13A as per rules, if he is found

so entitled. The respondents shall also examine asto whether

movement of the pay of the petitioner in academic Level 12 is

required to be given effect from 01.02.2020 or not. The entire

exercise should be done within 2(two) months of receipt of copy of

this judgment.

With the above said directions, the writ petition is

disposed of.

Pending application(s), if any, shall also stand disposed

of.

JUDGE

Rudradeep RUDRADEEP BANERJEE BANERJEE Date: 2025.06.24 17:02:55 +05'30'