Krishna Kishore Chakraborty and Others vs State of Tripura and Others

P.K. Sarkar, J.—Shri Krishna Kishore Chakraborty and 24 other Assistant Professors of Government Degree Colleges in Tripura filed the present writ petition for quashing the decision of the Government of Tripura in the Education Department No. F. 1(499)-DHE/89(L) dated 13.7.94 (Annexure-E) and also for directing the State Respondents not to implement the aforesaid decision in any manner whatsoever.

All the Petitioners are Teachers of Govt. Degree Colleges in Tripura and they were appointed prior to 1973. The University Grant Commission (for short UGC) made certain recommendations in respect of the salaries and allowances of the University and College Teachers throughout the territory of India in the year 1973. The said recommendations were accepted by the Government of India and the Government of India requested the State Governments to implement the recommendations of the UGC. Accordingly, the Govt, of Tripura by a Notification dated 30.3.79 partially implemented the UGC pay scale to the University and College Teachers in Tripura. Though the UGC prescribed three different scales for University and College Teachers, namely, (a) Rs. 700-1600/-,(b) Rs. 1200-1900/- and (c) Rs. 1500-2500/-, the State Government allowed only one scale of pay of Rs. 700-1600/- for all the categories of University and College Teachers by a Notification dated 30.3.79. The said scale of pay of Rs. 700-1600/- was given to the Lecturers only and no scale of pay has been given to Senior Lecturers, Head of the Departments, Readers and Vice-Principals of the College Teachers in Tripura. Thereafter the UGC revised the pay scale of University and College Teachers and recommended the revised pay scale of (a) Rs. 2200-4000/- for Assistant Professor, (b) Rs. 3000-5000/- for Assistant Professor (Senior Scale) and (c) Rs. 3700-5700/- for Assistant Professor (Selection Grade) and also for the Reader. The recommendation of the UGC was accepted by the Government of India and the Government of India in the Ministry of Human Resources Development (Department of Education) by letter dated 22.7.88 requested the State Governments to implement the recommendation of the revised scale of pay of the University and College Teachers. Thereafter the Govt, of Tripura by a Notification dated 31.3.89 framed a Rule for implementing the recommendation of the UGC revised pay scale to the College Teachers in Tripura w.e.f 1.1.86. In Notification dated 31.3.89, the State Government made a detailed procedure for fixing the pay of the College Teachers in different Grades. In accordance with the provisions of the aforesaid Notification dated 31.3.89 the authority fixed the pay of the College Teachers (Assistant Professors) who have completed 16 years of service in the revised pay scale of Rs. 3700-5700/-. The Accountant General, Tripura made certain objections regarding fixation of pay of the College Teachers (Assistant Professors) in scale of pay of Rs. 3700-5700/- stating that their pay should have been fixed firstly in the scale of Rs. 2200-4000/- and thereafter they should have been promoted in the senior scale and selection grade as per the scheme of the State Government notified on 31st March, 1989 and their pay in the higher scale should have been fixed under the provisions of the Fundamental Rules. On receipt of the objection from Accountant General, Tripura, the State Government insisted that the pay of the Assistant Professors, who have completed 16 years of service, has rightly been fixed in the scale of Rs. 3700-5700/- and the Government requested the Accountant General, Tripura to approve the aforesaid fixation of pay. The Accountant General, Tripura did not agree with the suggestion made by the State Government and they insisted that since the scale of pay of Assistant Professors has been revised from Rs. 700-1600/- to Rs. 2200-4000/- the scale of pay of Assistant Professors in the Govt. Colleges in Tripura should have been initially fixed in the pay scale of Rs. 2200-4000/- and thereafter they could be promoted to the post of Assistant Professor (Senior Scale) in the scale of pay of Rs. 3000-5000/- and thereafter they can be promoted in the post of Assistant Professor (Selection Grade) in the pay scale of Rs. 3700-5700/- and on promotion their pay is to be fixed under the provisions of Fundamental Rules. Since the A.G. Tripura did not agree to the fixation of pay of the Assistant Professors, who have completed 16 years of service in the pay scale of Rs. 3700-5700/-, the Government by a Notification cancelled the earlier Notification for fixing the pay of the Assistant Professors in the scale of pay of Rs. 3700-5700/- and directed the authority to fix the pay of the Assistant Professors initially in the pay scale of Rs. 2200-4000/- and thereafter promote them in the post of Assistant Professor (senior scale) and Assistant Professor (Selection Grade) according to their length of service and fix their pay in the scale of pay of Rs. 3000-5000/- and Rs. 3700-5700/-. Having felt aggrieved by the order of the Government dated 13.7.94 directing fixation of pay of the Assistant Professors afresh and recovery of overdrawal, the Petitioners made several representations to the Govt, as well as to the Accountant General, Tripura. But their representations were not allowed by the said authorities and hence the Petitioners filed the present writ petition.

The State Respondents have filed a counter-affidavit wherein they have denied all the allegations made by the Petitioners in their writ petition.

It is stated in the counter-affidavit that the Petitioners agreed to a uniform scale of pay of Rs. 700-1600/- for the post of Lecturer, Senior Lecturer, Head of the Department, Reader and Vice-Principal w.e.f. 1973 according to the recommendation made by the U.G.C. It is further stated that according to the recommendation of the Government of India in the Ministry of Human Resources Development (Department of Education) the State Government implemented the revision of pay of College Teachers w.e.f. 1.1.86 and accordingly, the Government issued Notification on 31.3.89 for implementing the revised scale of pay to the Assistant Professors and all categories of teachers of the University and Colleges in Tripura. According to the revision of pay w.e.f. 1.1.86 the pay scale of Assistant Professor was revised from Rs. 700-1600/- to Rs. 2200-4000/-. The senior scale has been revised to Rs. 3000-5000/- and pay of selection grade has been revised to Rs. 3700-5700/-. In the Notification of the Government dated 31.3.89 certain conditions were imposed for placing the Assistant Professors in different Grades. In the counter-affidavit it has been stipulated that after completion of 8 years of service an Assistant Professor can be placed in the senior scale of pay of Rs. 3000-5000/- after going through some screening test. Similarly, an Assistant Professor who has rendered more than 16 years of service as on 1.1.86 can be placed in the selection grade pay scale of Rs. 3700-5700/- after some screening test. It is, therefore, submitted in the counter-affidavit that the pay scale of Assistant Professor has been revised from Rs. 700-1600/- to Rs. 2200-4000/-. Therefore, initially the pay of Assistant Professor is to be fixed in the scale of pay of Rs. 2200-4000/- as per fixation formula specified in the Notification of the Government dated 31.3.89. Thereafter the Assistant Professors after completion of their 8 years of service can be placed in the senior scale of pay of Rs. 3000-5000/-. It is further stipulated that after completion of 16 years service an Assistant Professor can be further promoted/placed in the scale of pay of Rs. 3700-5700/-. It is also stated in the counter affidavit that by an erroneous interpretation of the scheme the pay of Assistant Professors, who have completed 16 years of service as on 1.1.86 have been fixed in the pay scale of Rs. 3700-5700/-. But when the mistake was brought to the notice of the Government by A.G., Tripura, the Government has cancelled the earlier Notification and directed the authority for re-fixation of pay of Assistant Professors initially in the scale of pay of Rs. 2200-4000/- and thereafter they can be promoted according to the length of service rendered by them in their post as Assistant Professor and after promotion their pay is required to be fixed under the provisions of the Fundamental Rules. It is further stated in the counter-affidavit that no injustice has been done to the Petitioners and if any excess drawal is made by them by erroneous fixation of their pay in the scale of pay of Rs. 3700-5700/- then they are liable to refund the same to the Government.

The Petitioners filed a re-joinder wherein they have stated that the scheme of the U.G.C. has not been properly interpreted by the A.G., Tripura. It is stated that under the 1973 revision, the U.G.C. recommended three scales for College Teachers, namely, (a) Rs. 700-1600/-, (b) Rs. 1200-1900/- and (c) Rs. 1500-2500/- and in 1986 revision corresponding revision has been made from scale to scale. It is also stated in the rejoinder that since the Government of Tripura did not implement the UGC pay scale of 1973 and instead prescribed one scale of pay of Rs. 700-1600/- for all categories of College Teachers, a confusion has arisen in the mind of A.G., Tripura as well as the Government regarding implementation of the revised scale of pay of 1986. It is stated in the rejoinder that an Assistant Professor who has completed 8 years of service as on 1.1.86 is entitled to get the revised scale of pay of Rs. 3000-5000/- w.e.f 1.1.86 and an Assistant Professor in the scale of pay of Rs. 700-1600/- who has completed 16 years of service as on 1.1.86 is entitled to get the revised scale of pay of Rs. 3700-5700/-. It is also stated that the scheme of the UGC and the rules made by the Government and notified on 31st March, 1989 clearly provide that the pay of the Assistant Professors who have completed 8 years and 16 years of service respectively as on 1.1.86 shall be fixed at Rs. 3000-5000/- and Rs. 3700-5700/- respectively and it is not necessary to fix the pay of Assistant Professors who have completed their 8 years or16 years of service as on 1.1.86 at Rs. 2200-4000/-, it is further stated that paragraph 17 of Appendix 1 of the Central Govt, letter dated 22nd July, 1988 (Annexure-1 to the additional documents filed by the Petitioners) and para 13 of the State Government''s Notification dated 31.3.89 make it abundantly clear that the Assistant Professors, who have completed 16 years of service as on 1.1.86, are entitled to be placed in the revised scale of pay of Rs. 3700-5700/- directly. It is also stated in the rejoinder that the Accountant General, Tripura by its different letters has taken different stands and they have allowed fixation of pay of certain Assistant Professors directly in the pay scale of Rs. 3000-5000/- and in some cases they have fixed the pay of some Assistant Professors directly in the pay scale of Rs. 3700-5700/-. The objection now raised by the Accountant General, Tripura is devoid of any merit and therefore, the Petitioners are entitled to get their pay fixed in the scale of pay of Rs. 3700-5700/- according to the scheme of the UGC as implemented by the State Government by Notification dated 31.3.89.

I have heard Mr. S. Talapatra, learned Counsel appearing on behalf of the Petitioners and Mr. R.B. Sinha, learned Counsel appearing on behalf of the State Respondents.

Mr. Talapatra argued that the Government of Tripura has been depriving the College Teachers from the time when UGC revision of pay, 1973 was implemented by the Government. In 1973 UGC recommended three scales of pay for College Teachers, namely (a) Rs. 700-1600/- for Lecturers, (b) Rs. 1200-1900/- for Lecturers in the selection grade and Readers and (c) Rs. 1500-2500/- for Professors. Mr. Talapatra submitted that the Govt, of Tripura introduced only one pay scale of Rs. 700-1600/- the lowest of the three in the 1973 UGC scale. The State of Tripura did not introduced the other two higher scales to the College Teachers. In the Notification of the Government dated 31.3.89, it appears from the Table that the existing scale for the post of Assistant Professor (Senior Scale), Assistant Professor (Selection Grade), Reader and Professor have been shown as "not existing" so far the College Teachers of Tripura are concerned. But in the "said Table in column 4 the corresponding revised pay w.e.f. 1.1.86 have been shown. Mr. Talapatra consequently submitted that due to the non-implementation of 1973 UGC pay scale for the Govt. College Teachers in Tripura a confusion has arisen in the mind of the Accountant General, Tripura as well as in the mind of the State Government regarding implementation of the revised pay w.e.f. 1.1.86. Learned Counsel further submitted that if the pay of the College Teachers who have completed 8 and 16 years of service as on 1.1.86 is not fixed in the pay scale of Rs. 3000-5000/- and Rs. 3700-5700/- respectively then further injustice will be made to the Petitioners. Learned Counsel submitted that the scheme of revision of pay, 1986 clearly contemplates fixation of pay in the higher scale of pay of Rs. 3000-5000/- and Rs. 3700-5700/- to the Assistant Professors, who have completed 8 years and 16 years of service respectively as Assistant Professor. Mr. Talapatra also argued that non-implementation of 1973 UGC pay scales by the Government of Tripura in 1979 has created this confusion. It is also submitted by Mr. Talapatra that the Central Government in their letter dated 22.7.88 and the State Government in their notification dated 31.3.89 have made provisions for fixing the pay of Assistant Professors in the corresponding higher scale of the revised pay w.e.f. 1.1.86 so as to eliminate the deprivation and also the non-implementation of the 1973 UGC scale in full. It is also submitted by Mr. Talapatra that the UGC as well as the Central Government were aware that the three scales recommended by UGC in 1973 have not been implemented by many of the States and Union Territories and therefore, the Central Government in their letter dated 22.7.88 and the State Government in their Notification dated 31.3.89 have made provisions for fixation of pay of Assistant Professors who have completed 8 years and 16 years of service as on 1.1.86 in the revised scale of pay of Rs. 3000-5000/- and Rs. 3700-5700/- respectively without their pay being fixed at Rs. 2200-4000/-. Mr. Talapatra further submitted that revised scale of pay of Rs. 2200-4000/- is applicable to the Assistant Professors who have not completed 8 years of service as on 1.1.86. It is also submitted that according to the provisions of Explanation to Paragraph 9 of Annexure-1 of the Notification of the State Government dated 31.3.89 the Assistant Professors in the existing scale of Rs. 700-1600/- who have completed 8 years of service on 1.1.1986, will be placed in the scale of pay of Rs. 3000-5000/-. Similarly, according to the provisions of paragraph 13 of Annexure-1 of the Notification dated 31.3.89 all existing Assistant Professors who have completed 16 years of service as on 1.1.1986 are to be placed in the revised scale of pay of Rs. 3700-5700/- subject to some screening test. Learned Counsel submitted that according to the Notification of the Government a Screening Committee was constituted and the Screening Committee recommended the Petitioners along with other Assistant Professors of Govt. Degree Colleges for their placement in the revised scale of pay of Rs. 3700-5700/-. According to the recommendation of the Screening Committee the Government has issued a Notification on 8th September, 1989, Annexure-3 to the rejoinder affidavit. From the aforesaid Notification (Annexure-3) it appears that the Government on the recommendation of the Screening Committee placed the Petitioners along with other similarly placed Assistant Professors in the scale of pay of Rs. 3700-5700/- w.e.f. 1.1.86 and subsequent dates are mentioned in column 5 of the aforesaid Notification. Mr. Talapatra consequently submitted that since the Screening Committee has recommended the names of the Petitioners for placing them in the revised scale of pay of Rs. 3700-5700/- and Govt. has also accepted the recommendation of the Screening Committee, there is no scope for the Government to deviate from the aforesaid policy of implementing UGC pay scale under paragraph 13 of the Notification of the Government dated 31st March, 1989. Mr. Talapatra further submitted that the Accountant General, Tripura is also not very clear how the scheme of revision of pay notified by the Government on 31st March, 1989 will be implemented. Learned Counsel further submitted that the A.G., Tripura has taken diflferent stands at different times giving different reasons for fixing the pay of Assistant Professors in the pay scale of Rs. 2200-4000/-

Mr. Talapatra draws my attention to Annexure-7, letter of the Senior Deputy Accountant General dated 26.9.94 and submitted that in the aforesaid letter the Accountant General has deviated from the earlier stand communicated to the Government by a letter dated 20.8.93. Mr. Talapatra also draws my attention to the pay fixation made by the Accountant General by letter dated 22.6.94 (Annexure-8). From the aforesaid Annexure-8, it appears that the Accountant General has fixed the pay of some Assistant Professors directly in the pay scale of Rs. 3000-5000/-. If the stand taken by the Accountant General in their earlier letters are taken to be true then there is no scope for fixing the pay of Assistant Professors directly in the pay scale of Rs. 3000-5000/- because the A.G. was always insisting in their earlier letters that pay of Assistant Professors is to be fixed initially in the scale of pay of Rs. 2200-4000/- and thereafter they can only be promoted in the scale of pay of Rs. 3000-5000/-. But from Annexure-8 it appears that Accountant General itself has fixed the pay of some Assistant Professors directly in the pay scale of Rs. 3000-5000/-

It is not clear if Accountant General insists that the pay of Assistant Professors should be initially fixed in the pay scale of Rs. 2200-4000/- then how they have fixed the pay of some Assistant Professors directly in the scale of pay of Rs. 3000-5000/- by Annexure-8. From different letters of A.G. as placed in the case record it appears that A.G. is also not clear how the pay of Assistant Professors is to be fixed in the revised scale of pay effective from 1.1.86. It appears that earlier Govt, took the stand that the Assistant Professors who have completed 16 years of service in the scale of pay of Rs. 700-1600/-, their pay will be fixed directly in the revised pay scale of Rs. 3700-5700/- according to the pay fixation formula specified in the Notification of the Government dated 31.3.89. But it appears that due to the suggestion given by the A.G. and their insistence on fixation of pay of Assistant Professors initially in the pay scale of Rs. 2200-4000/-, the Government was bound to issue a Memorandum dated 13.7.94 (Annexure-E) for re-fixation of pay of the Assistant Professors in the initial revised scale of pay of Rs. 2200-4000/- and also directing the authority to recover the excess amount that have been drawn by the Petitioners in the pay scale of Rs. 3700-5700/-

The conflicting views expressed by the A.G., Tripura and different stand taken by the Govt, in the matter of fixation of pay of Assistant Professors of Govt. Degree Colleges have led the Petitioners to file the present writ petition. The point which requires a decision in the present case is whether there is any scope under the revision of pay scheme made by the UGC and accepted by the Central Government and State Govt, to fix the pay of Assistant Professors directly in the pay scale of Rs. 3000- 5000/- and Rs. 3700-5700/-, who have completed 8 years and 16 years of service as Assistant Professor.

The pre-revised scale of pay and revised scale of pay of Teachers in Universities and Colleges as made by the UGC and accepted by the Central Govt, has been indicated in Annexure-A to the writ petition which runs as follows:

SCALES OF PAY OF TEACHERS IN UNIVERSITIES AND COLLEGES

Sl. No. Designation Existing Scales of pay Revised Scales of pay

Lecturers 700-1600 2200-75-2300-100-4000

Lecturers (senior scale) Not existing 3000- 100-3500-125-5000

Lecturers (Selection Grade) 1200-1900 3700-125-4950-150-5700

Reader 1200-1900 3700-125-4950-150-5700

Professor 1500-2500-4500-150-5700-200-7300

Principals of Colleges i) 1200-1900 i) 3700-125-4950-150-5700

ii) 1500-2500 ii) 4500-150-5700-200-7300

Vice Chancellor 3000 (fixed) 7600 (fixed)

Tutors/Demonstrators (Existing incumbents only) 500-900 1740-60-2700- EB-75-3000.

The aforesaid scales of pay as recommended by the UGC and accepted by the Central Government has not been implemented by the State Government in full. The State Government allowed only one scale of pay i.e. Rs. 700-1600/- for Lecturers/Assistant Professors of the Colleges and University. The State Government did not prescribe any scale of pay for the post of Lecturer (Senior Scale), Lecturer (Selection Grade), Reader and Professor. From the table of the Notification of the Government of Tripura dated 31st March, 1989 it is evident that against those four posts it has been indicated the scale is "not existing". Even though the State Government did not prescribe any scale of pay for the aforesaid four categories of post, these were very much in force for the University and College Teachers in other States. Therefore, in 1986 revision the UGC has recommended revision of pay scale for all categories of Assistant Professor, Reader and Professor and different scale of pay were given for Lecturer (Senior Scale), Lecturer (Selection Grade), Reader and Professor. Now, a conclusion has arisen regarding implementation of revision of pay scale for the Assistant Professors in Tripura. There was no prescribed scale of pay for Lecturer (Senior Scale), Lecturer (Selection Grade), Reader and Professor in the pre-revised scale. Consequently no Lecturer/Assistant Professor was designated as Lecturer (Senior Scale), Lecturer (Selection Grade) and Reader etc. The Central Government prescribed certain procedures for implementing the UGC Pay Scale for University and College Teachers as at Annexure-1 to the Compendium petition of the Petitioners.

On a plain reading of the instruction of the Central Government it appears that the Central Govt, has kept in view that some States did not implement the 1973 UGC Pay Scale for the Teachers of Universities and Colleges. Therefore, in the instruction of the Central Government provisions have been made for directly placing the Assistant Professors in the senior scale and selection grade w.e.f. 1.1.86. From Explanation to Paragraph 13 of the aforesaid instruction of the Central Government (Annexure-1) it appears that provisions have been made for placing the Assistant Professors directly in the senior scale of pay of Rs. 3000-5000/- who have completed 8 years of service as on 1.1.86. Similarly in Paragraph 17 of the aforesaid instructions of the Central Government at Annexure-1 provisions have been made for directly placing the Assistant Professors in the revised scale of pay of Rs. 3700-5700/- (Selection Grade) in case of Assistant Professors, who have completed 16 years of service in the Grade of Assistant Professor as on 1.1.86. The Government of Tripura in their Notification dated 31.3.89 has adopted almost the same procedure as at Annexure-1 for implementing the UGC scales of pay for Assistant Professors w.e.f 1.1.86. In Explanation to Para 9 of the State Government Notification dated 31.3.89 provisions have been made for directly placing the Assistant Professors in the scale of pay of Rs. 3000-5000/-, who have completed 8 years of service on 1.1.86. Similarly in Para 13 of the aforesaid Notification of the State Government dated 31.3.89 provisions have been made for directly placing the Assistant Professors in the scale of pay of Rs. 3700-5700/-, who have completed 16 years of service as Assistant Professor on 1.1.86. The Accountant General, Tripura has interpreted that the Assistant Professors, who are in the scale of pay of Rs. 700-1600/- will get the revised scale of pay of Rs. 2200-4000/- initially and thereafter they can be promoted in senior scale and selection grade after 8 and 16 years of service in the scale of pay of Rs. 3000-5000/- and Rs. 3700-5700/- respectively. From the letter of the A.G. it further appears that they have interpreted the placement of Assistant Professors in the higher scale as a case of promotion. According to the Accountant General after fixing the pay of Assistant Professors in the initial revised scale of pay of Rs. 2200-4000/- they are entitled to be promoted in the senior scale and selection grade scale.

It is true that the State Government has prescribed recruitment and qualification for the post of Assistant Professor and provisions have also been made in the Notification of the Government of Tripura dated 31.3.89 for promotion of Assistant Professors in higher grades, namely. Assistant Professor (Senior Scale), Assistant Professor (Selection Grade), Reader and Professor. The Accountant General has altogether overlooked the provisions made in the Central Government Instruction (Annexure-1) as well as the State Government instruction in their Notification dated 31.3.89 that Assistant Professors can also be placed directly in the higher scale. Para 9 of the State Government instruction as contained in the Notification dated 31.3.89 runs as follows:

Every Asstt. Professor will be placed in a senior scale of Rs. 3000-5000/- if he/she has:

(a) Completed 8 years of service after regular appointment with relaxation as per provisions in para 8 above ;

(b) participated in two refresher courses/summer institutes, each of approximately 4 weeks'' duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the U.G.C.

(c) consistently satisfactory performance appraisal reports.

Explanation:

All Asstt. Professors in the existing scale of Rs. 700-1600, who have completed 8 years of service on 1.1.1986, will be placed through a process of screening/selection similar to the one as indicated in para 11 below, in the scale of Rs. 3000-5000. The benefit of service provided in para 8 will be available for the initial placement also.

On a plain reading of the aforesaid provisions it is clear that every Assistant Professor will be placed in the senior scale of Rs. 3000-5000/- if he has completed 8 years of service as on 1.1.86 and this benefit of service will also be available for initial placement also. The words "initial placement" or the word "placed" used in the aforesaid paragraph has been interpreted by the Accountant General as promotion. I am of the view that the Accountant General has committed a mistake in interpreting the words "initial placement" and the word "placed" as promotion. Detailed provision has been made in the State Govt, instruction regarding the procedure to be followed in case of future promotion. It further appears that the UGC and Central Government were aware that some State Governments did not implement the 1973 UGC pay scale to all the teachers of Universities and Colleges. Consequently I am of the view that with a view to remove the injustice caused to the Assistant Professors the UGC and the Central Government have made a provision for directly placing the Assistant Professors in the scale of pay of Rs. 3000-5000/- if they completed 8 years of service on 1.1.86 through a screening test.

Similar provision has been made in paras 13 of the State Govt. Notification dated 31.3.89 for directly placing an Assistant Professor in the selection grade pay scale of Rs. 3700-5700/- who has completed 16 years of service as on 1.1.86. para 13 of the Notification dated 31.3.89 runs as follows:

Existing Asstt. Professors who have completed or will complete, a total period of sixteen years of service on 1.1.1986 or thereafter will be eligible for promotion to the post of Reader or placement in the Selection Grade in accordance with the provisions in paras 10, 11 and 12. They will also be entitled to the relaxation in the years of service by 3 years and 1 year respectively if they hold Ph. D. or M. Phil degrees as mentioned in para 8.

On a perusal of the aforesaid para 13 of the State Government Notification dated 31.3.89 it is evident that Assistant Professors, who have completed or will complete, a total period of 16 years serviced on 1.1.1986 or thereafter will be eligible for promotion to the post of Reader or placement in the Selection Grade in accordance with the provisions in paras 10,11 and 12. After going through the para 131 have no hesitation to hold that the aforesaid provision has been made for placing Assistant Professors in the scale of pay of Rs. 700-1600/-, who have completed 16 years of service, directly in the revised scale of pay of Rs. 3700-5700/- and those who will be completing 16 years of service after 1.1.86, provision has been made in para 13 prescribing the procedure for making promotion in the Selection Grade and in the post of Reader. Therefore, it is evident that para 13 clearly makes a provision for directly placing an Assistant Professor in the scale of pay of Rs. 700-1600/- to the revised scale of pay of Rs. 3700-5700/-, who has completed 16 years of service on 1.1.86 through a screening test. Therefore, I am of the view that the Accountant General, Tripura has committed an error in interpreting that the placement in higher scale amounts to promotion and therefore, the pay of Assistant Professors is to be fixed under Fundamental Rule 22(a)(ii) and 22-C. If the interpretation of A.G. is taken to be true then the provision contained in Explanation to para 9 and the provision contained in para 13 of the Notification of the State Government dated 31.3.89 become redundant and infructuous. I have no hesitation to hold that provisions have been made in paras 9 and 13 of the Notification dated 31.3.89 for directly placing the Assistant Professors in the pay scale of Rs. 700-1600/- to the revised scale of pay of Rs. 3000-5000/- and Rs. 3700-5700/- considering the fact that some injustice has been made to these Assistant Professors for not implementing the 1973 UGC scale of pay. The object of making uniform scale to all University and College Teachers by the UGC is to bring a uniformity in the scale of pay of University and College Teachers throughout the country. Since very few State Governments did not implement the 1973 UGC scale of pay for the University and College Teachers, the UGC and the Central Government have made provisions in their instructions for placing Assistant Professors directly in the senior scale and in the Selection Grade through a screening test who have completed 8 and 16 years of service as Assistant Professor.

From the Notification of the Government of Tripura dated 8th September, 1989 (Annexure-3 to the Compendium petition of the Petitioners) it appears that the State Government has also constituted a Screening Committee and as per recommendation of the Screening Committee the State Government has placed the Assistant Professors in the revised scale of pay of Rs. 3700-5700/- from different dates. There is nothing wrong in the aforesaid. Notification of the Government dated 8th September, 1989. The placement of the Assistant Professors in the higher pay scale by the Government in their Notification dated 8th September, 1989 (Annexure-3) is completely in accordance with the provisions of paras 9 and 13 of the Notification of the State Government dated 31.3.89.

On a perusal of the entire scheme of the State Government for implementing the revised scale of pay of the Assistant Professors w.e.f. 1.1.86, it is clear that the Assistant Professors who have completed 8 years of service are entitled to be placed in the revised scale of pay of Rs. 3000-5000/- if they are recommended by a Screening Committee. Similarly, the Assistant Professors are entitled to be placed in the revised scale of pay of Rs. 3700-5700/- who have completed 16 years of service and have been recommended by a Screening Committee. In the instant case, the Petitioners have completed 16 years of service on 1.1.86 and they have been recommended by the Screening Committee for directly placing in the revised pay scale of Rs. 3700-5700/-. Therefore, I am of the view that no error or illegality has been made by placing the Petitioners directly in the scale of pay of Rs. 3700-5700/- specially in view of the fact that these Assistant Professors have completed 16 years of service on 1.1.86 and they have also been recommended by the Screening Committee. Any other interpretation or the interpretation of the Accountant General, Tripura that the pay of the Assistant Professors are to be fixed initially in the pay scale of Rs. 2200-4000/- is contrary to the scheme and instructions of the State Government and of the UGC and Central Govt, and the interpretation of A.G. appears to be not consistent with the provisions of the instructions of the State Government as contained in Notification dated 31.3.89. Therefore, I am clearly of the view that the interpretation given by the A.G., Tripura for fixing the pay of the Assistant Professors at the initial revised pay scale of Rs. 2200-4000/- is illegal and erroneous. According to the revision of pay scheme of the UGC as accepted by the Central Government and also agreed by the State Government and in accordance with the provisions of the instructions of the State Government contained in their Notification dated 31.3.89, the pay of the Assistant Professors are to be directly fixed in the senior scale of Rs. 3000-5000/- if they have completed 8 years of service on 1.1.86 and if recommended by the Screening Committee. Similarly all Assistant Professors who have completed 16 years of service on 1.1.86 and have been recommended by the Screening Committee are to be directly placed in the revised scale of Rs. 3700-5700/- w.e.f. 1.1.86.

I have no hesitation to hold that the provisions regarding directly placing the Assistant Professors in the Senior Scale and Selection Grade have been made with a view to redress the grievance of the Assistant Professors caused due to the non-implementation of the 1973 UGC scale of pay in toto.

Having regard to the scheme of the revision of pay of University and College teachers as implemented by the State Government in their Notification dated 31st March, 1989, I am clearly of the view that the State Government initially took the correct step in fixing the pay of the Assistant Professors in the Senior Scale and Selection Grade scale. But the subsequent Notification of the Government cancelling the earlier procedure of fixing the pay of Assistant Professors is erroneous and illegal. Accordingly, I am of the view that the Memo of the Government dated 13.7.1994 (Annexure-E to the writ petition) is contrary to the scheme of the revision of pay of Assistant Professors w.e.f 1.1.86 and it is liable to be quashed.

Accordingly, the Memo of the Government of Tripura No. F. 1(499)-DHE/89(L) dated 13.7.1994 (Annexure-E to the writ petition) is hereby quashed. The pay of the Petitioners may be fixed directly in the higher scale of pay in the manner as indicated above.

Accordingly, the writ petition is allowed. But under the facts and circumstances I make no order as to costs.