Dr. Raghunandan Das v. The State of Tripura and Ors.
Court: High Court of Tripura
Bench: HONBLE THE CHIEF JUSTICE AKIL KURESHI
Judgment date:
Case summary
High Court of Tripura judgment dated 2020-12-02. Dr. Raghunandan Das v. The State of Tripura and Ors. Read the judgment and case details on LawSphereX.
Judgment text
Page - 1 of 5 HIGH COURT OF TRIPURA AGARTALA WP(C) No. 571/2020 Dr. Surajit Biswas. ........... Petitioner(s). Vs. The State of Tripura and Ors. ........... Respondent(s). WP(C) No. 572/2020 Dr. Raghunandan Das ........... Petitioner(s). Vs. The State of Tripura and Ors. ........... Respondent(s). WP(C) No. 573/2020 Dr. Suman Adhikari ........... Petitioner(s). Vs. The State of Tripura and Ors. ........... Respondent(s). WP(C) No. 574/2020 Dr. Subrata Sharma ........... Petitioner(s). Vs. The State of Tripura and Ors. ........... Respondent(s). WP(C) No. 575/2020 Dr. Indrajit Saha ........... Petitioner(s). Vs. The State of Tripura and Ors. ........... Respondent(s). Page - 2 of 5 For Petitioner(s) : Mr. P Roy Barman, Advocate, Mr. Samarjit Bhattacharjee, Advocate, Mr. Kawsik Nath, Advocate. For Respondent(s) : Mr. D Bhattacharjee, Govt. Advocate. HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI _O_R_D_E_ R_ 02/12/2020 These petitions arise in common background.
They would be disposed of by this common order. For convenience, we may notice facts from WP(C) No. 571/2020. This petition is filed by Dr. Surajit Biswas. He has prayed for st grant of the benefit of CAS-I with effect from 21 April, 2012 (i. e. the date on which he completed 4 years as an Assistant Professor with st doctorate degree) instead of 21 April, 2004 as has been granted by the department. His case is that as per the Government notifications and clarifications issued by the Education Department from time to time and nd in particular, by virtue of a notification dated 2 February 2010 issued by the Principal Secretary, Government of Tripura, Higher Education Department, the pay scales of the Assistant Professors were revised into two pay bands of Rs. 15,600-39,100/- and Rs. 37,400-67,000/- with Page - 3 of 5 appropriate Grade Pay. One of the provisions of the said notification was where an Assistant Professor would complete 4 years of service possessing Ph. D.
in the relevant discipline would be eligible for moving up to Grade Pay of Rs. 7,000/-. The petitioner having joined the service as st an Assistant Professor on 21 April 2008, was entitled to receive the said st benefit w. e. f. 21 April, 2012. The Government, instead granted the said st th befit to the petitioner w. e. f 21 April, 2014 by a Memo dated 8 January, 2015. Since then the petitioner has been agitating with the respondents for grant of the benefits from the due date. The petitioner would point out that under similar circumstances when other Assistant Professors approached this Court by filing WP(C) No. 1241/2019 and other petitions (Dr. Pradip Debnath Vs. The State of th Tripura and Ors. ) this Court by an order dated 4 December, 2019 disposing of these petitions issued following directions : “………….. Under the circumstances, respondent No.
1, Principal Secretary, Directorate of Higher Education, Government of Tripura shall examine the grievances of the petitioners and in particular those raised in their respective representations and dispose of the representations within a period of 2(two) months from the date of receipt of the copy of this order by a speaking order. If the decision Page - 4 of 5 of the said authority is adverse to the petitioners, it would open for them to approach this Court by filing fresh petitions. ” It is further pointed out that pursuant to the said order of this Court, the Government of Tripura has also issued necessary orders granting the benefit of CAS I to those petitioners from due dates. A copy th of one such order dated 15 June, 2020 in case of Dr. Suvadip Paul is produced at Annexure -13 to the petition. In facts of the case, let the respondents examine the cases of all of the petitioners for grant of the benefit of CAS I from due dates.
Naturally, if it is found that on all material aspects the facts of their cases are identical to those which were involved in case of Dr. Pradip Debnath and Ors. where the Government, according to the petitioners, have granted the appropriate benefits, their cases also would be considered in similar fashion. For this purpose, these petitions shall be treated as representations of the petitioners and such representations shall be disposed of within 6(six) weeks from the date of receipt of a copy of this order which the petitioners will serve on Director of Higher Education along with a copy of the respective petitions with all annexures. Page - 5 of 5 All petitions are disposed of accordingly. Pending application(s), if any also stands disposed of. ( AKIL KURESHI, CJ) Sukhendu
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