UGC recommendations require state adoption for applicability; petitioners entitled to AGP benefits from due dates as per adopted regulations.

JUDGMENT :

These three writ appeals have been tagged together as there is common ground of challenge relating to movement to higher Academic Grade Pay (AGP) by the appellants-State of Tripura, in terms of the UGC Regulations Notification dated 31^st December, 2008, as adopted by the Education (Higher Department), Government of Tripura vide Notification dated 2^nd February, 2010.

2. The petitioners approached the writ court in their individual cases both for grant of Non-Compounded Advance Increments on acquisition of higher degree i.e. MPhil/PhD. They also prayed for grant of AGP benefits from due dates as in their individual cases such benefits were granted from deferred dates.

3. The learned Writ Court after dealing with the individual cases of the parties, the UGC Regulation, 2008 and the Notification of the Government of Tripura dated 2^nd February, 2010 allowed the benefit of Non-Compounded Advance Increments in favour of the individual petitioners following the judgment dated 26^th March, 2019 rendered in the case of Dr. Goutam Saha and Ors. in WP(C) No.72/2019 and other analogous writ petitions.

4. Facts and documents as pleaded in Writ Appeal No.139/2022 as referred to by the learned counsel for the appellants and the respondents are being referred to hereinafter for convenience sake.

5. Be it indicated here that the appellants-State is not aggrieved by the conferment of Non-Compounded Advance Increments to the individual writ petitioners in terms of the ratio rendered in Dr. Goutam Saha’s case as directed by the learned Single Judge. The grievance of the appellant-State is as regards the preponement of the dates of conferment of AGP to the individual writ petitioners, i.e. the AGP of Rs. 7000/-, 8000/- and 9000/- respectively, from the due dates. It is not in dispute that all these writ petitioners have been granted the benefit of AGP by the State Government before approaching the writ court but they were aggrieved by the payment of the AGP from deferred dates.

6. The whole question relating to the issue of grant of AGP boils down to the implementation of the UGC Regulations dated 31^st December, 2008 pursuant to its adoption by the State of Tripura vide Notification dated 2^nd February, 2010.

7. Though learned counsel for the State has referred to the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities And Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 specifically para 1.3 thereof, but he has fairly accepted that no Notification adopting the said Regulations, 2000 have been issued by the Government of Tripura. Para 1.3 reads as under:

“1.3 They shall come into force with immediate effect.

Provided that in the event, any candidate becomes eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31st December, 2008, the promotion of such a candidate shall be governed by the provisions of these Regulations.

Provided further that notwithstanding anything contained in these Regulations, in the event any candidate became eligible for promotion under Career Advancement Scheme prior to 31st December, 2008, the promotion of such a candidate under Career Advancement Scheme shall be governed by the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2000 notified vide Notification No.F.3- 1/2000(PS) dated 4th April, 2000, as amended from time to time, read with notifications and guidelines issued by the University Grants Commission (UGC) from time to time, in this regard.”

8. The Government of Tripura by notification dated 2^nd February, 2010 resolved to extend the scheme of revision of Pay structure communicated by the Ministry of Human Resource Development of Education contained in letter dated 31^st December, 2008 to teachers who were recruited in the regular scale of pay through presc