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Judgment
Arindam Lodh, J
Heard Mr. K. Nath, learned counsel for the petitioner and Mr. P. Saha, learned counsel for the respondents.
The petitioners by way of filing the present writ petition have prayed for granting them five non-compounded advance increments for having Ph.D. degree at the entry level in terms of notification dated 02.02.2021. The petitioners have further stated that the reliefs, they claimed for, in this writ petition are squarely covered by the judgment dated 26.03.2019 passed by this court in WP(C) 74 of 2019, wherein this court directed the respondents to provide five non-compounded advance increments to the writ petitioners of WP(C) 74 of 2019 from the date of their appointment in terms of the notification dated 02.02.2010.
In compliance of the said judgment, the similarly situated Assistant Professors, the petitioners of that writ petition were extended the benefit of five non-compounded advance increments.
I have perused the judgment passed by this court in WP(C) 74 of 2019, and the other connected writ petitions. At para 17 and 18, it has been observed thus:-
"17. Having referred to the grievance of all the petitioners in these batch of writ petitions this court is of the view that the respondents had not applied their mind to the provisions and created unnecessary embargo for the petitioners denying their legitimate due in terms of the para 4(i) to (viii) of the Annexure-1 of the notification dated 02.02.2010. The said provision has been reproduced above. There is no ambiguity in understanding the said provision. Para 4 (i) supra, clearly provides that five non-compounded advance increments shall be admissible at the entry level of recruitment as Assistant Professor to persons possessing the degree of Ph.D. awarded in the relevant discipline by a University following the process of registration, course work and external evaluation as prescribed by the UGC. Similarly, M. Phil degree holders at the time of recruitment to the post of Assistant Professor shall be entitled to two non-compounded advance increments and the teachers who completed their Ph.D. degree while in service shall further be entitled to three non-compounded advance increments if such Ph.D. is in the relevant discipline and has been awarded by a University complying with the process prescribed by the UGC for registration, course work and evaluation etc. But the respondents have been given undue interpretation to the non-obstante clause, para 4 (viii) where it has been provided that notwithstanding anything in the foregoing paras, those who have already availed the benefits of advance increments for possessing Ph. D./M. Phil at the entry level or during service under the earlier scheme shall not be entitled to the benefit of advance increment under the scheme. It is not the case of the respondents that any petitioner had got the similar benefits for possessing the Ph.D./M. Phil at the entry level or during service under the earlier scheme. All the petitioners have claimed their benefits under the present scheme as given effect by the notification dated 02.02.2010. Hence, the position taken by the respondents in their reply is liable to be discarded on the face of it. Thus, this court is persuaded to direct the respondents as under:
(1) The petitioners who have entered in the service as Assistant Professors and have not been granted the incentive for having the Ph. D. and M. Phil shall be entitled to have the five or two non-compounded advance increments from the date of their appointment in terms of the said notification dated 02.02.2010.
(2) The petitioners who have entered in the service with M. Phil degree in the post of Assistant Professor shall get two non-compounded advance increments from the date of their appointment and the petitioners who had entered in the service with M. Phil in the post of Assistant Professor and in the course of service had obtained the Ph.D. degree shall get additional three non-compounded advance increments from the date when their Ph.D. is notified in terms of the guidelines as provided under Para-4 of Annexure-1 of the said notification dated 02.02.2010.
(3) The interpretation given in the notification under No.F.4(11-4)-DHE/BGT/08(L-III)/ 568(25) dated 21.05.2011 and in the memorandum under No.F.4(11-4)-DHE/BGT/12/ 3475(26) dated 04.01.2013 stand quashed and those notification/memorandum are therefore set aside.
In terms of the above directions, the respondents shall release the financial benefits in favour of the petitioners within a period of three months after due adjustment, if any, from the date when the petitioners shall place a copy of this order to the Principal Secretary Department of Higher Education, Government of Tripura and to the Director of Higher Education, Government of Tripura, Agartala."
Mr. P. Saha, learned counsel for the respondents has submitted that same reliefs may be granted to the petitioners of this writ petition also.
Accordingly, it is directed that the respondents shall release the financial benefits in favour of the petitioners granting them five non-compounded advance increments within a period of 3 (three) months after due adjustment, if any, from the date when the petitioners shall place a copy of this order to the Principal Secretary, Department of Higher Education, Government of Tripura and to the Director, Higher Education, Government of Tripura.
Accordingly, the instant writ petition stands allowed and disposed.