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2022 Supreme(Tri) 233

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Tripti Saha & Ors. - Appellants
Versus
State of Tripura & Ors. - Respondents
WP(C) 254 of 2021, WP(C) 255 of 2021, WP(C) 256 of 2021, WP(C) 257 of 2021, WP(C) 258 of 2021, WP(C) 259 of 2021, WP(C) 260 of 2021, WP(C) 261 of 2021, WP(C) 292 of 2021, WP(C) 293 of 2021, WP(C) 294 of 2021, WP(C) 295 of 2021, WP(C) 296 of 2021, WP(C) 297 of 2021, WP(C) 298 of 2021, WP(C) 299 of 2021, WP(C) 300 of 2021, WP(C) 301 of 2021, WP(C) 302 of 2021
Decided On : 28-11-2022

Advocates appeared:
Mr. A. Bhaumik, Advocate., for the Petitioner(s); Mr. D. Sarma, Addl. G.A., for the Respondent(s)

The court affirmed the importance of strict adherence to compliance with court orders regarding employment redesignation in the education sector, underscoring eligibility criteria and service duration.

Headnote:(A) Compliance of Court Orders - The notification issued to absorb Post Graduate Teachers as Assistant Professors as per the direction of the High Court - Absorption contingent on completion of minimum 12 years of service and possession of requisite qualifications. (Paras 4-8)

(B) Education Law - Establishes criteria for redesignation and absorption from one teaching position to another within the higher education sector. (Paras 4-6)

Facts of the case:
Petitioners were Post Graduate Teachers seeking absorption as Assistant Professors after a learned Single Judge directed their absorption in response to prior writ petitions. A scheme for this absorption was framed by the government.

Findings of Court:
The respondents were directed to consider and absorb the petitioners as Assistant Professors according to the newly notified scheme if eligible against available vacancies.

Issues: Whether the petitioners should be absorbed as Assistant Professors based on the newly framed scheme and existing vacancies.

Ratio Decidendi: The court ruled in favor of the petitioners, emphasizing the importance of their long service and the absence of blemish in their competence as grounds for absorption.

Result: Petitions allowed and disposed with directions for compliance.

Table of Content
1. bunch of writ petitions concerning pgts. (Para 1 , 3)
2. court's directive to absorb pgts as assistant professors. (Para 4)
3. absorption process for eligible pgts. (Para 5 , 6)
4. petitions allowed; directions for compliance. (Para 7 , 8)

JUDGMENT

1. The above bunch of writ petitions involves similar and identical points of law and facts, and as such, these are taken up and heard together for disposal with the consent of learned counsels appearing for the parties.

2. Heard Mr. A Bhaumik, learned counsel appearing for the petitioners. Also heard Mr. D. Sarma, learned Addl. G.A appearing for the State-respondents.

3. The petitioners were first appointed as Post Graduate Teachers under Department of Higher Education, Govt. of Tripura. After serving few years and discharging their functions as teachers in the colleges, the petitioners claimed for their absorption as Assistant Professors. Ultimately, some of the Post Graduate Teachers (for short, PGT) approached this Court by filing writ petitions for their absorption as Assistant Professor.

4. A learned Single Judge of this Court allowed the writ petitions filed by those writ petitioners directing the respondents to absorb the petitioners as Assistant Professor who were discharging their duties in different colleges in the Post of Post Graduate Teachers under the Higher Education Department. An intra-court appeal was preferred and the said appeal is pending before the Hon'ble Division Bench of this Court. In those writ petitions, learned single Judge of this Court directed the respondents to frame a scheme to designate the Post Graduate Teachers as Assistant Professor by way of absorption on the available vacant posts in respective academic discipline against the categories of posts. Pursuant to the direction of learned Single Judge, a scheme has been notified vide Notification No.F.1 (716) DHE/Estt(G)/2022/2728 dated 21.09.2022. Mr. Sarma, learned Addl. G.A has placed the scheme before this court which is reproduced hereunder:-

'Government of Tripura

Education (Higher) Department

No. F-1 (716) DHE/Estt(G)/2022/2728 Dated, Agartala, 21 Sept. 2022

NOTIFICATION

The Hon'ble High Court of Tripura directed in interim order passed on dated 16.03.2021 arising upon W.A No.201 to 205 of 2021 in W.P© NO.1391 to 1395 of 2019 that the Department should have to frame a scheme within a period of six months to absorb or designate the 5(five) Nos. petitioners in the post of Assistant Professor in consideration of their long tenure of service in teaching in the Government Degree Colleges as there is no blemish in respect of their competence and the service by discharging the duties of Assistant Professors in the Government Degree Colleges for decades.

In Compliance of Judgment of the Hon'ble High Court, Tripura, a scheme has been framed to designate these Post Graduate Teacher (PGTs) working in Higher Education Institutes for absorbing in the post of Assistant Professor.

2. Title of the scheme: 'Scheme to designate Post Graduate Teachers (PGTs) working under the Department of Higher Education, Govt. of Tripura by absorption in the post of Assistant Professor.'

3. Objective of the scheme: To comply direction of the Hon'ble High Court interim order passed on dated 16.03.2021 arising upon W.A NO.201 to 205 of 2021 in W.P(C) No.1391 to 1395 of 2019.

4. Implementation Strategy:

(i) The Post Graduate Teachers (PGTs) should complete minimum 12(twelve) years of service in the said post under the institutes of Higher Education Department continuously and with full satisfaction of the authority.

(ii) Absorption in the post of Assistant Professor will be done on the basis of availability of vacant posts in the respective disciplines and in respective category.

(iii) The PGTs should possess requisite qualification like NET/SLET/SET/Ph.D degree for absorption in the post of Assistant Professor.

(iv) The PGTs will be designated by absorption in the post of Assistant Professor with initial pay [Rs.57,700/- to Rs.

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