Amarendra Bhattacharjee vs The State of Tripura and Others

Both these petitions are being disposed of by a common judgment since the legal point involved is identical. The petitioner in WP(C) 408 of 2008 while still an undergraduate was appointed as ''Assistant Teacher'' in the Primary Section of the Mahatma Gandhi Memorial Higher Secondary School in the pay scale of Rs. 125-200/- by its Secretary on 02.5.1969. The petitioner graduated in the year 1970 and was appointed as ''Substitute Teacher'' on 12.8.1970. Thereafter a fresh order of appointment was issued in favour of the petitioner on 08.5.1972 whereby the Secretary of the Mahatma Gandhi Memorial Higher Secondary School which was a privately managed institution at the relevant time, appointed the petitioner as Assistant Teacher in the Secondary Section of the school in the pay scale of Rs. 175-325/-.

The petitioner continued to work as Assistant Teacher in the Secondary Section up to his retirement on 31.6.2006. He was given benefit of the third stage of the Carrier Advancement Scheme (CAS) since he was never promoted from 1972 till his retirement. After the petitioner retired even his pension was released by taking his last pay to be the pay due and payable to him. However, when the gratuity was to be settled the office of the Accountant General i.e. the respondent No. 4 herein raised an objection that since the petitioner had earlier been appointed in the pay scale of Rs. 125-200/- and was later appointed in the pay scale of Rs. 175-325/- that amounted to a promotion and therefore, the petitioner was not entitled to the benefit of CAS-III.

The facts of the second case are similar except that the petitioner in that case was initially appointed in the Primary Section as under graduate on 02.10.1966 and was appointed in the Secondary Section on 08.5.1972.

The sole question which arises for consideration is, whether the appointment of the petitioners as Assistant Teacher in the Secondary Section was a promotion or a fresh appointment. The employer and the State have both stated that it was 4 fresh appointment. The minimum qualification for appointment in the Secondary Section was graduation. In the ''rules'' framed for appointment of Assistant Teachers there is no promotion from the Primary Section to the Secondary Section and a person has to apply for the post and if selected is appointed. Therefore, this is a fresh appointment and not a promotion. As such the decision of respondent No. 4 to treat this as a promotion is totally illegal and is, accordingly, set aside.

Consequently, the petitioners are entitled to the benefit of CAS-III and therefore, their pension, gratuity and other retrial benefits shall be calculated by taking into consideration the last pay which was actually drawn by them on the basis of getting the benefit of CAS-III. The monetary benefits be released to the petitioners latest by 30th April, 2015 failing which the State shall liable to pay 12% per annum from today till payment of the amount.

With these observations the writ petitions stand disposed of. Copy of this judgment be supplied to Ms. A.S. Lodh, learned Additional Government Advocate.