HON’BLE MR. JUSTICE BISWAJIT PALIT

JUDGMENT & ORDER (ORAL)

07.04.2026

1. Heard learned counsel Mr. A Bhoumik, appearing on behalf of the petitioner as well as Mr. Mangal Debbarma, learned Addl. GA appearing on behalf of the State- respondents.

2. The present petitioner has filed this writ petition seeking the following reliefs:-

“I. Issue Notice upon the Respondents;

II. Call for the records;

III. Issue Rule calling upon the respondents to show cause as to why the Petitioner shall not be absorbed as Assistant Professor (Philosophy subject) as per the direction of this Hon’ble High Court vide judgment and order dated 28.11.2022 passed in W.P(C) No.257/2021 and under the scheme notified vide Notification dated 21.09.2022 w.e.f 05.01.2023 i.e. the date of absorption of other similarly situated.

AND Issue Rule calling upon the respondents to show cause as to why the Petitioner shall not be extended with the pay scale attached to the post of Assistant Professor under the principle of equal pay for equal work.

AND Issue Rule calling upon the respondents to show cause as to why the order dated 18.01.2025 whereby the absorption of the Petitioner has been regretted and shall not be set aside and quashed.

AND Issue Rule calling upon the Respondents to show cause as to why the memorandum dated 13.02.2025 whereby the Respondents have suddenly withdrawn the scheme dated 21.09.2022 shall not be held to be illegal and strucked qua of the Petitioner.

AND Issue Rule calling upon the Respondents to show cause as to why the letter dated 05.01.2023 (Annexure- 10 to this Petition) whereby the Respondents have let out a promise to the Petitioner shall not be mandated to be enforced by the Respondents.

IV. And after hearing the parties be pleased to make the rule absolute.

AND/OR Pass any other order/orders as deemed fit and proper by this Hon’ble Court.

AND For this act of kindness your humble Petitioner as in duty bound shall ever remain grateful.”

3. At the time of hearing, Learned Counsel appearing for the petitioner has drawn the attention of the Court that the petitioner was appointed as a part-time Contract Teacher for taking classes in Degree Colleges under Higher Education Department, Government of Tripura in the year 2007.

4. The State of Tripura took a policy decision to appoint 292 Part- Time Contract Teachers as Post Graduate Teachers. The policy decision was taken by the Council of Ministers followed by a memorandum dated 26.06.2010 whereby the petitioner and other similarly situated persons were appointed as Post Graduate Teachers in the pay scale of Rs.5310-24000/- with grade pay of Rs. 2400/- per month plus other allowances as per Government norms. Those Post Graduate Teachers were appointed under Department of Higher Education, Government of Tripura.

5. Since in the colleges the teaching faculty cannot be designated as Post Graduate Teachers, so the petitioner and other similarly situated persons were appointed for discharging their duties and responsibilities as Assistant Professor in colleges but were designated as Post Graduate Teachers and they were not paid the salary and remuneration meant for Assistant Professors as per UGC guidelines.

6. It was further submitted that initially 5(five) Post Graduate Teachers who possessed requisite qualifications as per UGC guidelines approached this High Court by filing writ petitions bearing Nos. WP(C) No.1391/2019, WP(C) No.1392/2019, WP(C) No.1393/2019, WP(C) No.1394/2019 and WP(C) No.1395/2019 and vide judgment and order dated 16.03.2021 passed in WP(C) No.1391/2019 and other batch matters, this Hon’ble High Court held that since the Post Graduate Teachers were discharging their duties as Assistant Professors in colleges and possessed requisite qualifications, they cannot be deprived of the equal pay attached to the post of Assistant Professors. So this High Court held that 5(five) Post Graduate Teachers were entitled to higher pay attached