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HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Aditi Chakraborty - Appellant
Versus
The State of Tripura - Respondent
WP(C) 991 of 2022
Decided On : 08-09-2023
| Table of Content |
|---|
| 1. petitioner's employment and pay scale details (Para 1 , 2) |
| 2. petitioner's argument against b.ed requirement (Para 4) |
| 3. state's reliance on ncte and recruitment rules (Para 5) |
| 4. court's consideration of applicable laws (Para 6 , 7) |
| 5. court's finding on recruitment rules applicability (Para 8 , 9) |
| 6. absence of b.ed requirement in earlier rules (Para 10 , 11 , 12) |
| 7. legal precedent affirming rights based on recruitment terms (Para 13 , 14 , 15 , 16) |
| 8. direction for pay scale extension to the petitioner (Para 19 , 20) |
| 9. writ petition's outcome and order (Para 21 , 22) |
JUDGMENT (ORAL)
1. By means of filing the instant writ petition, the petitioner has prayed for granting her regular pay scale on completion of 5(five) years of service from the initial date of her joining along with other consequential benefits. The petitioner has also challenged the Memorandum dated 22.09.2022 issued by the Director, Secondary Education, Tripura whereby and whereunder the petitioner was denied of getting the benefit of regular pay scale since she did not posses professional qualification i.e. B.Ed as per NCTE norms.
2. Facts:
2.1. In pursuance of an advertisement published on 14.07.2006, the petitioner had undergone a selection process for the post of Post Graduate Teachers(for short, PGT). The petitioner though was found to be eligible, she was not considered for appointment. The petitioner under compelling circumstances had filed a writ petition bearing no.WP(C) 320/2007 before the High Court inter alia praying for directing the respondents to issue offer of appointment in her favour. While disposing of the said writ petition, this Court found the petitioner being discriminated and directed the respondents to appoint the petitioner as PGT vide judgment and order dated 24.01.2017(Annexure 1 to the writ petition).
2.2. In pursuance of the said judgment and order, the Director, Secondary Education issued offer of appointment in favour of the petitioner on 27.06.2017 and consequently, she joined her service on 05.09.2017.
2.3. It is pertinent to mention herein that as per policy of the Government, initial appointment of the petitioner was on fixed pay basis for 5(five) years. It is also the policy of the Government that after the expiry of 5(five) years such employees would get the benefit of regular pay scale prescribed for the post he/she holds.
2.4. The petitioner has completed fixed term of 5(five) years on 05.09.2022. She has prayed for granting her regular pay scale prescribed for the post of PGT, but the respondent/Director, Secondary Education under Memo dated 22.09.2022(Annexure 4 to the writ petition) had not acceded to her request for granting regular pay scale on the ground that as per NCTE norms she must acquire professional qualification i.e. B.Ed., which is mandatory for teachers, and the petitioner was requested to acquire professional qualification within 3(three) years from the date of issuance of the said Memorandum dated 22.09.2022. The petitioner has challenged the said impugned Memorandum.
2.5. The petitioner wanted to know through RTI application dated 10.01.2022 as to how her service conditions would be regulated. The reply given by the Information Officer may be extracted hereunder in tabulated form:
| Sl. No | Question | Reply/documents |
| 1 | 2 | 3 |
| ii) | Kindly inform the rules, regulations, criteria or pre condition for regularization of service of the Post Graduate Teacher appointed under the RECRUITMENT RULES was in force in the year 2007 and the RECRUITMENT RULES was in force in the year 2017. | As per Memo. No. F.20(3)-GA(P&T)/96 dated 15/12/2001 of the G.A (P&T) Department Govt. of Tripura all GroupC & Group-D posts which are not required to be filled by the selection through the T.P.S.C may be on fixed pay basis & Memo. No.F.10(2)- FIN(G)/05/Part-I dated 16/10/2007 of the Finance Department, Govt. of Tripura 'such Fixed pay employees on completion of 05(five) years of service will |
The court held that the service conditions of the petitioner should be governed by the rules in effect at the time of appointment, affirming that subsequent rules cannot retroactively impose new qual....
The main legal point established in the judgment is that the respondent authorities should reconsider the case of the petitioner for regularization of his service and allow the petitioner to particip....
All identically situated persons should be treated alike, and not doing so would amount to discrimination and violate Article 14 of the Constitution of India.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
Absorption into aided posts requires adherence to established rules and qualifications; long service alone cannot justify irregular appointments.
Statutory service rules at selection commencement prevail over inconsistent advertisements or policies; pre-new rules contract appointees deemed regulars from initial date with full benefits, as rule....
The main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
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