Sri Biswanath Das vs The State Of Tripura
2026 Latest Caselaw 2336 Tri

Tripura High Court

Sri Biswanath Das vs The State Of Tripura on 7 April, 2026

              HIGH COURT OF TRIPURA
                    AGARTALA
               W.P.(C) No.164 of 2025
Sri Biswanath Das,
S/O- Lt. Narendra Kumar Das,
R/O- Ganki, P.O.- Ganki, P.S.- Khowai,
District- Khowai, Pin- 799201, aged about 46 years approx.
                                           ---- Petitioner(s)
                             Versus
1. The State of Tripura, Represented by its Principal
Secretary, Department of Higher Education, Govt. Of Tripura,
New Secretariat Complex, P.O.- Secretariat, P.S.- New
Capital Complex, District- West Tripura, Pin- 799010.
2. The Director of Higher Education, Department of Higher
Education, Government of Tripura, P.O.- Agartala, P.S.-West
Agartala, District- West Tripura, Pin-799001.
3. The Principal Secretary, Finance Department, Govt. of
Tripura, New Secretariat Complex, P.O.- Secretariat, P.S.-
New Capital Complex, District- West Tripura, Pin-799010.
                                          -----Respondents

For Appellant(s) : Mr. Arijit Bhowmik, Adv, Ms. Ishpa Chakma, Adv.

For Respondent(s)        :   Mr. Mangal Debbarma, Addl. G.A.

Date of Hearing &
Judgment and Order :         07.04.2026
Whether fit for
Reporting                :   NO

           HON'BLE MR. JUSTICE BISWAJIT PALIT

                    Judgment & Order(Oral)

           Heard     Learned   Counsel,   Mr.   A.   Bhowmik

appearing on behalf of the petitioner and also heard Learned

Additional G.A., Mr. M. Debbarma appearing on behalf of the

State-respondents.

02. The petitioner has filed the writ petition seeking

the following reliefs:

(i) Issue notice upon the respondents;

(ii) Call for the records:

(iii) Issue rule calling upon the respondents to show cause as to why the petitioner shall not be absorbed as Assistant Professor (Philosophy subject) as per the direction of this Hon'ble High Court vide judgment and order dated 28.11.2022 passed in W.P.(C) No.299/2021 and under the scheme notified vide Notification dated 21.09.2022 w.e.f. 05.01.2023 i.e. the date of absorption of other similarly situated.

AND

Issue Rule calling upon the respondents to show cause as to why the Petitioner shall not be extended with the pay scale attached to the post of Assistant Professor under the principle of equal pay for equal work.

AND

Issue Rule calling upon the respondents to show cause as to why the order dated 18.01.2025 whereby the absorption of the Petitioner has been regretted and shall not be set aside and quashed.

AND

Issue Rule calling upon the Respondents to show cause as to why the memorandum dated 13.02.2025 whereby the Respondents have suddenly withdrawn the scheme dated 21.09.2022 shall not be held to the illegal and strucked qua of the Petitioner.

AND

Issue Rule calling upon the Respondents to show cause as to why the letter dated 05.01.2023 (Annexure-10 to this Petition) whereby the Respondents have let out a promise to the Petitioner shall not be mandated to be enforced by the Respondents.

IV. And after hearing the parties be pleased to make the rule absolute.

AND/OR

Pass any other order/orders as deemed fit and proper by this Hon'ble Court.

03. Taking part in the hearing, Learned Counsel for

the petitioner drawn the attention of the Court that the

petitioner was appointed as a Part-time Contract Teacher for

taking classes in the Degree Colleges under the Higher

Education Department, Government of Tripura and the

petitioner continued to serve as such. The State of Tripura

took a policy decision to appoint 292 Part-time Contract

Teachers as Post Graduate Teachers and the policy decision

was taken by the Council of Ministers followed by a

Memorandum dated 26.06.2010 whereby the petitioner and

other similarly situated persons were appointed as Post

Graduate Teachers in the pay scale of Rs.5310-24,000/- with

grade pay of Rs.2,400/- per month plus other allowances as

per Government norms. The said Post Graduate Teachers

were appointed under Department of Higher Education,

Government of Tripura for taking classes in Degree Colleges.

Thus, pursuant to the said appointment as Post Graduate

Teachers, 292 nos. of Part Time Contract Teachers were

engaged as Post Graduate Teachers for discharging duty as

teaching faculty in Degree Colleges. In colleges the teaching

faculties cannot be designated as Post Graduate Teachers

but the petitioner and other Post Graduate Teachers were in

essence appointed for discharging the duty and responsibility

of Assistant Professors in Colleges and were designated as

Post-Graduate Teachers and they were not paid the salary

and remuneration meant for Assistant Professors as per the

UGC guidelines. Initially, 5 nos. of Post-Graduate Teachers

who possessed the qualifications required for Assistant

Professors as per the UGC Guidelines approached this High

Court by filing writ petitions. The said writ petitions were

numbered as W.P.(C) No.1391 of 2019, W.P.(C) No.1392 of

2019, W.P.(C) No.1393 of 2019, W.P.(C) No.1394 of 2019

and W.P.(C) No.1395 of 2019 and vide judgment and order

dated 16.03.2021 passed in W.P.(C) No.1391 of 2019 and

other batch matters this High Court held that since the Post

Graduate Teachers were discharging the duties of Assistant

Professors in Colleges and also possessed essential

qualifications required for the post of Assistant Professor.

Therefore, said 5 (five) Post Graduate Teachers could not be

deprived of the equal pay attached to the post of Assistant

Professors. This High Court also held that those 5 (five) Post

Graduate Teachers were entitled to the higher pay attached

to the post of Assistant Professors. As such this High Court

directed the respondents to frame a scheme to absorb the

Post Graduate Teachers as Assistant Professors. Challenging

that judgment and order dated 16.3.2021 passed in W.P.(C)

No.1391 of 2019 and other batch matters, the State of

Tripura preferred Intra Court appeals before the Learned

Division Bench of this High Court which were registered as

Writ Appeals No.201 to 205 of 2021 and vide order dated

14.12.2021 the Division Bench of this High Court stayed the

operation of the direction contained in paragraph 14 of the

said judgment and order dated 16.03.2021 but directed the

State to implement paragraph 15 of the judgment i.e. to

frame a scheme for absorption of Post Graduate Teachers

rendering duty of Assistant Professors in degree colleges and

having qualifications meant for Assistant Professors. After

that according to Learned Counsel, the respondents on

21.09.2022 by a notification framed the scheme for

absorption of Post Graduate Teachers as Assistant Professor

in degree colleges and as per the scheme, the Post Graduate

Teachers who completed 12 years of service in the said post

continuously with full satisfaction of the authority and who

possessed qualifications like NET/SLET/SET/Ph.D were

entitled to be absorbed as Assistant Professors in the

respective discipline with prospective effect and later on, the

Writ Appeals were finally heard and disposed of by this High

Court by judgment dated 17.05.2023 passed in W.A. No.201

to 205 of 2021 and by the said judgment, the Division Bench

confirmed/affirmed paragraph 15 of the judgment rendered

by Learned Single Judge and the scheme framed thereunder

but set aside the direction contained in paragraph 14 of the

judgment.

Learned Counsel further submitted that apart

from five(5) Post Graduate Teachers who filed W.P.(C)

No.1391 to 1395 of 2019, 21 other Post Graduate Teachers

who were discharging similar duties and responsibility of

Assistant Professors in Degree Colleges and Law Colleges

and possessed qualification meant for Assistant Professor

filed writ petitions before this High Court and the said writ

petitions were pending before the Learned Single Judge of

the High Court. After the scheme 21.09.2022 framed by the

State of Tripura and as per direction of the Learned Division

Bench of this High Court, this Hon'ble Court also allowed the

writ petition filed by 21 Post Graduate Teachers having

qualifications and discharging duties of Assistant Professor in

Degree Colleges.

It was also submitted by Learned Counsel for the

petitioner that the petitioner was also appointed as a Post

Graduate Teacher pursuant to the policy decision of the

State vide Memo dated 26.06.2010 and also possessed the

requisite qualifications meant for the post of Assistant

Professor. This High Court vide judgment and order dated

28.11.2022 filed by the petitioner bearing W.P.(C) No.299 of

2021 also directed the respondents to absorb the petitioners

and to designate the petitioners as Assistant Professors in-

accordance-with the scheme subject to availability of the

vacant post within a period of six weeks. After that the

respondents issued one memorandum on 05.01.2023

whereby 16 Post Graduate Teachers out of 21 were

designated as Assistant Professors by way of absorption in

the available vacant posts in the respective discipline. But

the petitioner was not absorbed inspite of specific direction of

this High Court on 28.11.2022 passed in W.P.(C) No.299 of

2021.

It was further submitted that the respondent-

department only absorbed 16 Post Graduate Teachers out of

21 Post Graduate Teachers leaving 5 Post Graduate Teachers

on the ground of non-availability of vacancy in the respective

category. Learned Counsel further submitted that the

petitioner belongs to SC category and inspite of having

requisite qualification and the availability of post the

respondent did not consider his candidature for his

absorption as Assistant Professor for the post of Philosophy.

So, under compelling circumstances the petitioner has again

filed this writ petition seeking the reliefs as stated above.

04. The State-respondents have contested the writ

petition by denying the claim of the petitioners on the

ground that due to non-availability of post the petitioner

could not be absorbed but admitted the other factual aspects

of the writ petition filed by the petitioner. However, in course

of hearing, Learned Counsel for the petitioner drawn the

attention of this Court a judgment dated 05.03.2026 passed

by a Division Bench of this High Court in W.A. No.13 of 2026

wherein the case of another similarly situated candidate like

the present petitioner was allowed and considered by the

Division Bench of this Court. Referring the same, Learned

Counsel for the petitioner, Mr. Bhowmik submitted that since

the case of the present petitioner is squarely covered by the

said judgment of a Division Bench of this High Court, so,

similar benefit may be extended to the present petitioner by

this Court.

Being asked Learned Additional G.A. appearing on

behalf of the State-respondents also agreed and shared the

same view made by Learned Counsel for the petitioner.

05. I have also perused the said judgment of the

Division bench of this High Court. In para Nos.45 to 47 this

High Court has observed as under:

"45. We cannot lose sight of the fact that the State did not argue the correctness of judgment dt.16.03.2021 of the learned Single Judge in WP(C)

No.1391/2019 as regards the direction contained therein to frame a scheme of absorption of PGTs as Assistant Professors in (i) WA No.201/2021 and batch, (ii) in WP(C) No.254/2021 and batch, and also

(iii) in WP(C) No.276/2022 filed by the appellant, but had accepted and implemented it (except for the appellant).

46. The State cannot selectively allow some PGTs to get absorbed as Assistant Professors while opposing the appellant's claim for the same by raising pleas which it had not raised when other persons similar to the appellant had approached this Court.

47. Therefore, the judgment of the learned Single Judge cannot be sustained, and is accordingly set aside, and the instant Writ Appeal is allowed; the memo dt.13.02.2025 cancelling the notification dt.21.09.2022, is set aside, and the respondents are directed to absorb the appellant in the post of Assistant Professor within 8(eight) weeks."

Since the case of the petitioner is squarely

covered by the aforesaid judgment of the Division Bench of

this High Court, so, the present petitioner is also entitled to

get the same benefit in this writ petition.

In the result, the writ petition filed by the present

petitioner is hereby allowed. The respondents are directed to

absorb the petitioner to the post of Assistant Professor within

a period of three months from the date of passing of this

judgment.

With this observation, this writ petition stands

disposed of.

Pending application(s), if any, also stands

disposed of.

                                                                        JUDGE




PURNITA DEB     DEB
                Date: 2026.04.09 18:10:19
                +05'30'
Purnita