A11 these writ appeals have been filed by the State of Tripura against the common judgment dated 7.10,98 passed by the learned Single Judge in Civil Rule No.84 of 1992,279 of 1992 and 92 of 1992. The facts of the civil rules are given below :

Civil Rule No. 84 of 1992:2. This writ petition has been filed by the petitioner, Ramendra Nath Dey praying the following reliefs

(a) to direct the respondents to pay the pay scale recommended by the University' Grants Commission, hereinafter called as UGC, to the petitioner as Assistant Professor with effect from 1. 12.1977 and in the senior scale of pay with effectfrom 1.12.1977 and 1.12.1985 respectively.

(b) to direct the respondents not to appoint any person as Vice Principal in the Government Music College, B. Music Wing (Degree Course).

3. The petitioner herein is an M. A, (Classical Vocal) Music and M. A. in Bengali, B. Ed. and Sangeet Visharad. The petitioner was offered the post of Senior Lecturer in the Govt Music College, Agartala vide Annexure 1 to the writ petition. The Annexure 1 reads as follows :

“MEMORANDUM

With reference to his/her application dated to the Secretary, Tripura Public Service Commission for appointment under the Govt of Tripura and his/her

subsequent interview the Governor has been pleased to offer Shri Ramendra Nath Dey a temporary/permanent post of Senior Lecturer in Vocal Music in the scale of pay ofRs.5(X)-40-900-50-1300(EB after8th& 15thstages).”

4. In 1977 the B. Music Wing of the Govt Music College was affiliated to the Calcutta University and recognised the said B. Music Wing as Degree Course. After establishment of the Tripura University, the B. Music Wing came under the jurisdiction of the Tripura University as affiliated to it. That notification to that effect dated 29.10.87 i.e. the Annexure 2 to the writ petition reads as follows :

“Notification

In exercise of the powers conferred by sub-section (2) of section 6 of the

Tripura University Act, 1987 (Act No. 11 of 1987), the Government of Tripora hereby appoint the 2nd day of November, 1987 as the date on which the following colleges existing within thelimitsof the State ofTripura shall be deemed to be affiliated until the University otherwise directs.”

and the name of this college is at SI No. 15 and it is specifically mentioned

that it is the B. Music Wing which was affiliated.

5. There are two sections in the Music College one is a diploma course and the other is the degree course. Only the B. Music Wing which holds classes in day time has been affiliated firstly to the Calcutta University and then to the Tripura University. It is the case of the petitioner that according to the Govt notification which extended the UGC scale in 1986 to the college teachers of Tripura, the petitioner is entitled to receive the said scale meant for Assistant Professor with effect from 1.12,1987. The petitioner was originally appointed, as Senior Lecturer and later on it was redesignated as Assistant Professor. It is the farther case of the petitioner that after expiry of eight years i.e. after 1.12.1977 the petitioner is entitled to senior scale meant for Assistant Professor, under UGC Rules.

6. Earlier to it, one Tripurendra Bhowmik, the then Principal of the college filed a writ petition being Civil Rule NoJ8 of 1980 claiming pay scale recommended by the UGC and the matter came up for decision before a Division Bench of this Court. When this claim was made by the Principal, the contention of the Govt was that the petitioner meaning here the Principal has no legal rights to claim the above pay scale which was rejected by the Division Bench of this Court as follows :

“if we find any element of discrimination this writ Court is legally bound to

grant relief.” .

It is the further finding of the Division Bench which reads as follows :

5. The decision of the Government is absolutely clear and unambiguous. The Government decided to grant University Grants Commission pay scales to teachers of all colleges af