AGARTALA, India, Feb. 9 -- Tripura High Court issued the following order/judgement on Jan. 8:
1) Heard Mr. Purusuttam Roy Barman, learned senior counsel assisted by Mr. Samarjit Bhattacharjee, counsel appearing for the appellants, and Mr. S.M. Chakraborty, learned Advocate General assisted by Mr. Mangal Debbarma, Addl. Government Advocate and Ms. Pinki Chakraborty, counsel appearing for the respondents-State.
2) These two Writ Appeals arise out of a common judgment dt.17.1.2025 of the learned Single Judge in W.P.(C) No.968 of 2022 and W.P.(C) No.68 of 2022.
3) The Teachers Recruitment Board, Tripura, which is under the Education (School) Department of the Govt. of Tripura ( respondent no.1) had issued Advertisements dt.27.5.2017 and dt.17.11.2017 for filling up 'permanent' posts of Post Graduate Teachers (for Class XI-XII) and Graduate teachers (for Class IX-X) in various subjects prescribing eligible qualifications through a process of selection.
4) The advertisements indicated that they would be paid only a 'fixed pay' of 75% of basic pay level-100 of the Tripura State pay matrix.
5) The appellants were found eligible for selection by the Teachers Recruitment Board, Tripura as they possessed the prescribed qualifications and were issued appointment letters as Graduate and Post graduate teachers respectively in 2017-18. Separate notifications were issued by the Board mentioning the persons selected as against each subject.
6) Curiously all the appointment letters stated that the appointment is purely on 'temporary' basis for 1 year and will not confer any title to continuation for further period/permanent appointment, that appointment can be terminated at any time by a month's notice given by either side, and the appointing authority can do so without assigning any reason. They also mentioned that the appointees will get only fixed monthly pay.
7) All the appellants accepted appointment on the above terms and joined the service of the respondents.
The contentions of appellants
8) Appellants contend inter alia that:
(i) The posts against which they were appointed were sanctioned by the Finance Department of the Government of Tripura ( Respondent no.4) and carry a regular pay scale, but they have been appointed on fixed pay basis @ 75% of the minimum of pay scale for the post of Post graduate teacher and Graduate teacher;
(ii) Vide Memorandum dt.15.12.2001, the State of Tripura had introduced the system of recruitment of Group C and Group D staff on fixed pay basis by keeping in abeyance the regular Pay Scale for a certain period, but those employees recruited through the Tripura Public Service Commission were given regular pay scale from the date of appointment;
(iii) A Memorandum dt.16.10.2007 was issued by the State of Tripura stating that such employees who were recruited on fixed pay basis by keeping regular pay scale in abeyance will be provided the regular pay scale on completion of 5 years of service;
(iv) Prior to 2001, there was no such decision of the State Government to appoint Group-C and Group D employees on fixed pay basis;
(v) Appellants had been appointed after formal creation of posts through an open competitive selection process and their appointment cannot be termed illegal or irregular. So the regular pay scale attached to the posts held by the appellants cannot be denied to them;
(vi) The Memorandum dt.16.10.2007 which directed that Group C and group D employees are kept on fixed pay for 5 years is arbitrary and violative of right of appellants to get equal pay for equal work, amounts to exploitation of Group C and Group D employees and is also an unfair employment policy because when they are appointed against regular posts after a process of selection, they cannot be paid fixed pay;
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0gr3vxT269vUnN%2B8LUtUh9h%2BmEb0Ys1Fyc9mqS6rURL&caseno=WA/75/2025&cCode=1&cino=TRHC010005882025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
