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HIGH COURT OF TRIPURA AGARTALA

W.P.(C) No.164 of 2025 Sri Biswanath Das,

S/O- Lt. Narendra Kumar Das, R/O- Ganki, P.O.- Ganki, P.S.- Khowai,

District- Khowai, Pin- 799201, aged about 46 years approx.

---- Petitioner(s)

Versus

1. The State of Tripura, Represented by its Principal Secretary, Department of Higher Education, Govt. Of Tripura, New Secretariat Complex, P.O.- Secretariat, P.S.- New

Capital Complex, District- West Tripura, Pin- 799010.

2. The Director of Higher Education, Department of Higher Education, Government of Tripura, P.O.- Agartala, P.S.-West

Agartala, District- West Tripura, Pin-799001.

3. The Principal Secretary, Finance Department, Govt. of Tripura, New Secretariat Complex, P.O.- Secretariat, P.S.-

New Capital Complex, District- West Tripura, Pin-799010.

-----Respondents For Appellant(s) : Mr. Arijit Bhowmik, Adv,

Ms. Ishpa Chakma, Adv.

For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.

Date of Hearing &

Judgment and Order : 07.04.2026 Whether fit for

Reporting : NO

HON’BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order(Oral)

Heard Learned Counsel, Mr. A. Bhowmik

appearing on behalf of the petitioner and also heard Learned Additional G.A., Mr. M. Debbarma appearing on behalf of the

State-respondents.

02. The petitioner has filed the writ petition seeking

the following reliefs:

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(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.299/2021 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upon the Respondents to show cause as to why the memorandum dated 13.02.2025 whereby the Respondents have suddenly withdrawn the scheme dated 21.09.2022 shall not be held to the

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.

03. Taking part in the hearing, Learned Counsel for the petitioner drawn the attention of the Court that the petitioner was appointed as a Part-time Contract Teacher for taking classes in the Degree Colleges under the Higher Education Department, Government of Tripura and the petitioner continued to serve as such. The State of Tripura

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took a policy decision to appoint 292 Part-time Contract Teachers as Post Graduate Teachers and 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.5310-24,000/- with grade pay of Rs.2,400/- per month plus other allowances as per Government norms. The said Post Graduate Teachers were appointed under Department of Higher Education, Government of Tripura for taking classes in Degree Colleges. Thus, pursuant to the said appointment as Post Graduate Teachers, 292 nos. of Part Time Contract Teachers were engaged as Post Graduate Teachers for discharging duty as teaching faculty in Degree Colleges. In colleges the teachin