JUDGMENT : The petitioners had been working as Lecturer (Selection Grade) in the Polytechnic Institute, Agartala under the Directorate of Higher Education, Govt. of Tripura in the Mechanical Engineering Branch. The said Polytechnic Institute was upgraded as Tripura Institute of Technology (for short, TIT) by a notification of the Govt. of Tripura dated 26.02.2007 and in the process all teaching and non teaching staff of Polytechnic Institute were absorbed in TIT. 2. All India Council for Technical Education (for short, AICTE) prescribed different pay scale for degree level technical institutes as well as diploma level technical institutes for its faculty members and petitioners in course of their service in the Polytechnic Institute opted for AICTE recommended pay scale and accordingly they were enjoying AICTE pay scale of Lecturer (Selection Grade) on the date the Polytechnic Institute was upgraded as TIT i.e. on 26.02.2007. 2.1. Petitioner No.1 got the revised AICTE pay scale of Rs.10,000-15,200/-, meant for Lecturer (Sr. Grade) by order dated 24.02.2001. Thereafter, he got the pay scale of Rs.12,000- 18,300/- of the post of Lecturer (Selection Grade) on 30.12.2006. On his completion of 3 years of service in the pre-revised scale, he was placed in Pay Band-IV i.e. Rs.37,400-67,000/- with AGP 9000/- on 30.12.2009. 2.2. Petitioner No.2 also got the pay scale of Rs.10,000- 15,200/- meant for Lecturer( Sr. Grade ) by order dated 24.02.2001. He got the pay scale of Rs.12,000-18,300/- i.e. the pay scale meant for Lecturer (Selection Grade) by order dated 30.12.2006. On 30.12.2009 he was moved to Pay Band-IV i.e. in the pay scale of Rs.37,400-67,000/- with AGP Rs.9000/- on completion of 3 years in the pre-revised scale. 2.3. Petitioner No.3 was given the pay scale of Rs.10,000- 15,200/- by order dated 30.10.1996 and he was moved to the pay scale of Rs.12,000-18,300/-, i.e. Lecturer (Selection Grade) on 30.10.2007. On his completion of 3 years in the pre-revised scale he was moved to Pay Band-IV i.e. Rs.37,400-67,000/- with AGP Rs. 9000/- on 30.10.2010. 2.4. It is the case of the petitioners that the post of Assistant Professor in the degree level technical institution and the post of Lecturer (Selection Grade) in the diploma level technical institutions were same and they were enjoying the pay scale when they were absorbed in the TIT. 9000/- on 30.10.2010. 2.4. It is the case of the petitioners that the post of Assistant Professor in the degree level technical institution and the post of Lecturer (Selection Grade) in the diploma level technical institutions were same and they were enjoying the pay scale when they were absorbed in the TIT. The petitioners alleged that the respondents by a notification dated 18.06.2008 absorbed the petitioners and others of erstwhile Polytechnic Institute in the TIT and thereafter arrived at a decision that the petitioners will be entitled to the Pay Band-IV i.e. Rs.37,400-67,000/- only after completion of 3 years from the notification dated 18.06.2008. 2.5. Petitioners elaborately stated their movement from one scale to other scale in Para 3 a, b and c of the writ petition which reads as follows:- “3. That, the petitioners are Asstt. Professors, working in the Tripura Institute of Technology (formerly Polytechnic Institute). a. The petitioner No.1 namely Sri Nabarun Das Gupta initially joined as Lecturer in Mechanical Engineering on 28.08.1991 in the erstwhile Polytechnic Institute, Narshingar in the scale of Pay of Rs.2100- 3000-5000/- by the Notification No.F.1(84-3)/DHE/89 date 27.08.1991. After four years of service the said scale was upgraded to Rs.3000-5000/- which was considered a senior level on 28.08.1995. The petitioner No.1 had opted for All India Council for Technical Education (AICTE) pay scale of Rs.2200-4000/- (unrevised) with the basic pay protection by order No.F.4(6)-FIN (PC)/88 (P-II) dated 30.06.1997. After opting for the said scale of pay of Rs.2200-4000/- and on completion of 8 years of service the petitioner No.1 was given the scale of pay of Rs.10,000-15,200/- (Revised AICTE pay scale) by virtue of the order No.F.1(8-38)-DHE/2000 dated 24.02.2001. The said scale is also known as the pay scale for the Lecturer Senior Scale. On 30.12.2006 the Petitioner No.1 was placed in the Grade of the Lecturer (Selection Grade) in the Pay Scale of Rs.12,000-420-18,300/- by order No.F.1(499)-DHE/Estt.(G)/2005/2872 (8) dated 03.12.2008. Thereafter, on 30.12.2009 the petitioner No.1 placed in Pay Band-IV, Rs.37,400-67,000, AGP- 9000 (Revised AICTE Pay Scales), i.e. on completion of 3(three) years in the pre-revised AICTE Pay Scale of Rs.12000-18300/-. The Polytechnic Institute was upgraded to Tripura Institute of Technology (also known as TIT) by the order No.F.2(346)- DHE/GTCA/01(L)/3150 (II) dated 26.02.2007 and the petitioner No.1 along with others were absorbed in the said institute without any detriment to their services. The Polytechnic Institute was upgraded to Tripura Institute of Technology (also known as TIT) by the order No.F.2(346)- DHE/GTCA/01(L)/3150 (II) dated 26.02.2007 and the petitioner No.1 along with others were absorbed in the said institute without any detriment to their services. b. The petitioner No.2, namely Sri Raja Chakraborti initially joined as a Lecturer in Mechanical Engineering on 04.09.1991 in the erstwhile Polytechnic Institute, Narshingar in the Pay Scale of Rs.2100- 3000/- by the Notification No.F.1 (84-3)-DHE/89 dated 27.08.1991. On completion of 4(four) years of service the petitioner’s scale was upgraded to Rs.3000-5000/- which is also known as the Scale for the Lecturer Senior Level on 04.09.1995. Thereafter, the petitioner opted for AICTE Pay Scale of Rs.2200-4000/- (Unrevised) with the Basic Pay protection by the order No.F.4(6)- FIN(PC)/88(P-II) dated 30.06.1996. After completion of 8(eight) years of service the petitioner No.2 provided with the Scale of Pay of Rs.10000-15,200 (Revised AICTE Pay Scales) by the Order No.F.1(8-38)- DHE/2000 dated 24.02.2001, also known as the scale for Lecturer Senior Scale. On 30.12.2006 the petitioner No.2 was moved to the Lecturer (Selection Grade) in the scale of pay Rs.12,000-420-18300/- by the Order No.F.1(499)- DHE/Estt.(G)/2005/2872(8) dated 03.12.2008. On 30.12.2009 the petitioner No.2 was placed in the Pay Band-IV, Rs.37400-67000/-, AGP Rs.9000/- (Revised AICTE Pay Scale) i.e. on completion of 3(three) years of service in the pre revised AICTE Scale of Pay of Rs.12000-18300/-. Thereafter the Polytechnic Institute upgraded to Tripura Institute of Technology (TIT in short) by the Order No.F.2(346)-DHE/GTCA/01(L) dated 26.02.2007. c. The petitioner No.3, namely Sri Samir Kanti Bhusan initially joined as a Lecturer in Civil Engineering on 30.10.1996 in the erstwhile Polytechnic Institute, Narshingar in the Pay Scale of Rs.2100-3000- 5000/- by the Notification No.F.1 (84-3)-DHE/89 dated 29.02.1996. Thereafter, the petitioner opted for AICTE Pay Scale of Rs.2200-4000/- (Unrevised) on 31.10.1996 by the order No.F.4(6)-FIN(PC)/88(P-II) dated 30.06.1996. After completion of 8(eight) years of service the petitioner No.3 provided with the Scale of Pay of Rs.10000-15200/-( Revised AICTE Pay Scales) by the Order No.F.1(499)-DHE/Estt.(G)/2005/641(4) dated 02.06.2007, also known as the scale for Lecturer Senior Scale. On 30.10.2007 the petitioner No.3 as moved to the Lecturer (Selection Grade) in the scale of pay Rs.12000-420-18300/- by the Order No.F.1 (499)- DHE/Estt.(G)/2005/2872(8) dated 03.12.2008. On 30.10.2007 the petitioner No.3 as moved to the Lecturer (Selection Grade) in the scale of pay Rs.12000-420-18300/- by the Order No.F.1 (499)- DHE/Estt.(G)/2005/2872(8) dated 03.12.2008. On 30.10.2010 the petitioner No.3 was placed in the Pay Band-IV, Rs.37400-67000/-, AGP Rs.9000/- (Revised AICTE Pay Scale) i.e. on completion of 3(three) years of service in the pre revised AICTE Scale of Pay of Rs.12000-18300/-. The Polytechnic Institute was upgraded to Tripura Institute of Technology (TIT in short) by the Order No.F.2(346)-DHE/GTCA/02(2) dated 18.06.2008.” 3. Respondents, in respect to the aforesaid contention of the petitioners given their reply in Paras 11, 12 and 13 of the counter affidavit which reads as follows:- “11. That, in regard to the statement made in paragraph-3(a) of the Writ Petition, it is stated that, the petitioners are to substantiate the contention by producing evidences. The petitioners claimed that the revised AICTE pay scale of Rs.10,000-15,200/- has been allowed to him on completion of 08(eight) years of service as Lecturer by virtue of Notification No. F.1(8-38)-DHE/2000 dated 24-02-2001, it has been clearly indicated in the para-6 that for every upward movement a selection process would be evolved for which appropriate order would be issued by the State Government. At the same time the Petitioner stated that on 30.12.2009 he was placed in the Pay Band of Rs.37,400-67,000/- with AGP Rs.9,000/- i.e. on completion of 3 years service in the scale of Rs.12,000- 18,300/-. It is provided that in every case of upward movement in the higher grade pay for which appropriate order would be issued by the State Government. The petitioner concerned have enjoyed the aforesaid up-gradation of Pay Scale/Grade Pay without any administrative authority order from the State Government. As such, the order for placement of the Petitioners in the revised Pay Bank of Rs.37,400- 67,000/- with AGP Rs.9,000/- per month are not sustainable. The amount received by the Petitioners requires to be recovered from the Petitioners. A copy of the Notification dated 24.02.2001 is enclosed as Annexure-R/1. The Petitioner namely Sri Nabarun Das Gupta, Sri Raja Chakraborty and Sri Samir Kanti Bhusan were initially appointed as Lecturer, erstwhile Polytechnic Institute. The amount received by the Petitioners requires to be recovered from the Petitioners. A copy of the Notification dated 24.02.2001 is enclosed as Annexure-R/1. The Petitioner namely Sri Nabarun Das Gupta, Sri Raja Chakraborty and Sri Samir Kanti Bhusan were initially appointed as Lecturer, erstwhile Polytechnic Institute. They were enjoyed the pre-revised pay scale of Rs.10,000-15,200/- after completion of 08(eight) years services without formal order of the Department, though a condition has been indicated at para-6 of the Notification No.F.1(8-38)- DHE/2000 dated 24-02-2001 that “For every upward movement a selection process would be evolved for which appropriate orders would be issued by the State Govt.” Subsequently, they were allowed pre-revised pay scale of Rs.12,000-18,300/- w.e.f. 30-12-2006, 30-12-2006 and 31-10-2007 respectively under CAS as per erstwhile Polytechnic Institute pay scale guidelines. Therefore, they were absorbed from the post of Lecturer erstwhile Polytechnic Institute to the faculty post of Degree level Technical Institution (TIT) w.e.f. 18-06-2008 and hence the revised pay scale meant for Degree level faculty post in respect of absorbed teachers to TIT become effective w.e.f.18-06- 2008 accordingly to the para-5.2 of the Notification No.F.1(13-1)-DHE/Estt.(G)/09 dated 31-03-2010. “Further, as per Clause (xvi) of Annexure-1 of the said Notification, computation of required period of service for the purpose of CAS will be done with effect from the date of their absorption in the degree level Institute (TIT) i.e. from 18-06-2008.” As such, the petitioners Sri Dasgupta, Sri Chakraborty and Sri Bhusan were eligible to get the pay band Rs.37,400-67,000/- with Academic Grade Pay of Rs.9,000/- per month w.e.f. 18-06-2011 on completion of 3(three) years services being absorbed faculty and to be designated as Associated Professor under CAS, provided that the proposal/self appraisal in respect of the employee concern require to be communicated to the appointing authority for examination and for issuance an appropriate order. The administrative Department shall also require to be placed the matter before the Departmental screening committee seeking recommendation on it for providing said pay scale/pay band to the incumbent. But, the petitioners were also enjoying aforesaid pay scale & pay band w.e.f. 30-06-2009, 30-06-2009 and 31-10- 2010 respectively without any administrative approval/order from the appointing authority, which require to be recovered from the petitioners. 12. But, the petitioners were also enjoying aforesaid pay scale & pay band w.e.f. 30-06-2009, 30-06-2009 and 31-10- 2010 respectively without any administrative approval/order from the appointing authority, which require to be recovered from the petitioners. 12. That, in regard to the statement made in paragraph-3(b) of the Writ Petition it is stated that the petitioner No-2 also enjoyed the pre-revised scale of Rs.10,000-15,200/- and in the revised pay band of Rs.37,000-67,000/- with AGP per month without any Administrative order of the State Government. As such, the order of his placement him in the pre-revised scale of Rs.10,000-15,200/- and in the revised pay band of Rs.37,400-67,000/- with APG Rs.9000/- per month are not sustainable, so amount received by him unauthorizedly requires to be recovered from the petitioner. 13. That, in regard to the statement made in paragraph 3(c) of the Writ Petition it is stated that the petitioner No.3 also enjoyed the revised pay band of Rs.37,400-67,000/- with AGP of Rs.9,000/- per month without any Administrative order of the state government. As such, the order for placement in the revised pay band of Rs.37,400-67,000/- with AGP Rs.9,000/- per month are not sustainable, the amount drawn excess requires to be recovered from the petitioner.” 4. The stand of the respondents, as it transpires from the above is that Polytechnic Institute was upgraded as TIT on 26.02.2007 but the State Govt. by notification dated 18.06.2008 has arrived at a decision that the AICTE pay scale for degree level institution shall be effective to the absorbed faculty members of erstwhile Polytechnic Institute from 18.06.2008 and they will get the pay scale of diploma level institution up to 17.06.2008. According to the respondents, the petitioner Nos. 1 & 2 were not entitled to Pay Band-IV i.e. the pay scale of Rs.37,400-66,000/- with AGP Rs.9000/- w.e.f. 30.12.2009 and petitioner No.3 was also not entitled to the same w.e.f. 30.10.2010 and whatever paid to them should be recovered. It is the further stand of the respondents that AICTE pay scale was not automatically applicable to the petitioners and that it is subject to the appropriate notification of the State Govt. The State Govt. It is the further stand of the respondents that AICTE pay scale was not automatically applicable to the petitioners and that it is subject to the appropriate notification of the State Govt. The State Govt. by notification dated 31.03.2010 adopted the AICTE recommended pay scale with modifications as contained in the said notification dated 31.03.2010 and it was clearly held in Para 5.2 of the said notification that the teachers of the erstwhile Polytechnic Institute shall enjoy the pay scale of degree level w.e.f. 18.06.2008 and so as per Annexure 1 to notification dated 31.03.2010 the petitioners will be entitled to the Pay Band-IV only on their completion of 3 years from the date of their absorption in the TIT i.e. 18.06.2008. 5. Learned counsel, Ms. Deb Gupta appearing for the petitioners submitted that there is no dispute that the petitioners were enjoying AICTE pay scale meant for diploma level institution and they were already in the pay scale of Lecturer (Selection Grade) i.e. Rs.12,000-18,300/- at the time when Polytechnic Institute was upgraded as TIT. According to Ms. Deb Gupta since Polytechnic Institute was upgraded with all its teaching staff etc. they should be presumed to have absorbed from the date of up-gradation of the Institute and no order can be passed to the disadvantage of the faculty members who were already in service and enjoying a particular pay scale. She referred to paragraph (viii) to (xii) and paragraph (xvi) of Annexure-I to the notification dated 31.03.2010 i.e. Annexure-2 to the writ petition. She has also argued that Polytechnic Institute was upgraded as TIT on 26.02.2007. Thereafter by notification dated 03.12.2008 issued by the Department of Higher Education, Govt. of Tripura it was clearly shown that petitioners No.1 and 2 were moved to the pay scale of Rs.12,000-18,300/- w.e.f. 30.12.2006 and petitioner No.3 was moved to the same pay scale w.e.f. 31.10.2007 and according to provision prescribed in Para (ix) of annexure 1 to notification dated 31.03.2010 the petitioners were entitled to get the Pay Band of Rs.37,400-67,000/- with AGP Rs.9000/-. According to Ms. Deb Gupta the stand of the respondents that the petitioners will be entitled to Pay Band-IV only after completion of 3 years from the date of their absorption i.e. notification dated 18.06.2008 is not at all tenable in any manner since notification dated 03.12.2008 also was issued by the State Govt. after absorption of the petitioners. According to Ms. Deb Gupta the stand of the respondents that the petitioners will be entitled to Pay Band-IV only after completion of 3 years from the date of their absorption i.e. notification dated 18.06.2008 is not at all tenable in any manner since notification dated 03.12.2008 also was issued by the State Govt. after absorption of the petitioners. Therefore, the petitioner Nos. 1 and 2 shall be entitled to the Pay Band-IV w.e.f. 30.12.2009 and petitioner No.3 was entitled to the said Pay Band w.e.f. 31.10.2010 and they were rightly provided the said Pay Band scale from those dates. She has contended that the respondents took an incorrect stand that the petitioners were moved to the Pay Band-IV without appropriate order of the administrative authority and without recommendation of the screening committee but notification dated 03.12.2008 copy of which is annexed with the rejoinder affidavit as Annexure P/1 makes it abundantly clear that the notification was issued on the recommendation of the screening committee constituted by the Education Department. 6. Learned Addl. G.A., Mr. Chakraborty has submitted that the AICTE recommended pay scale as contained in regulation dated 05.03.2010 (Annexure 1 to the writ petition) was not automatically applicable to the degree/diploma level technical institutions of the State unless the State Govt. adopted it by appropriate notification. The State Govt. issued notification dated 31.03.2010 (Annexure-2 to the writ petition) and Annexure R/2 to the counter affidavit and in Para 2 of that notification it is clearly mentioned that the State Govt. adopted the recommendation of the Govt. of India with a few modifications. Para 5.2 of that notification clearly contained that the teachers of Polytechnic Institute shall enjoy the AICTE pay scale w.e.f. 18.06.2008 on which date they were absorbed and so the petitioners were entitled to Pay Band-IV i.e. the scale of Rs.37,400-67,000/- only on their completion of 3 years of continuous service in the pay scale of Rs.12,000-18,300/-. He has also submitted that Paragraph (viii) of Annexure-1 to notification dated 31.03.2010 was amended by a subsequent notification dated 04.04.2012. According to Mr. Chakraborty, the claim of the petitioners were not justified and that the petitioner Nos. He has also submitted that Paragraph (viii) of Annexure-1 to notification dated 31.03.2010 was amended by a subsequent notification dated 04.04.2012. According to Mr. Chakraborty, the claim of the petitioners were not justified and that the petitioner Nos. 1 and 2 were not entitled to Pay Band-IV w.e.f. 30.12.2009 and the petitioner No.3 was also not entitled to the said Pay Band w.e.f. 30.10.2010 and the excess amount what is paid to them shall be liable to be recovered from them. 7. A copy of the AICTE Technical Institutions (Degree) Regulation 2010, dated 05.03.2010 placed on record as Annexure- 1 to the writ petition. The State Govt. on principle adopted and introduced the recommended pay scale with a few modifications by notification dated 31.03.2010 (Annexure-2 to the writ petition) and Annexure-R/2 to the counter affidavit. Para 2 of the said notification reads as follows:- “2. After careful consideration of the matters, in order to attract and retain talent in teaching profession, the Government of Tripura has decided to introduce this scheme of revised pay structure as recommended by the Government of India for the teachers in all Govt. Degree level Technical Institutions of the State with a few modifications.” 8. It is, therefore, clear that the State Govt. introduced the scheme of revised pay structure with a few modifications. Para 5.2 of the notification reads as follows:- “For teachers of erstwhile Polytechnic Institute enjoying AICTE pay Scales, who were later absorbed as Teachers (Degree level) in the TIT, in their case, date of effect would be from 18.06.2008. Case of those teachers who were directly recruited in the TIT after 18.06.2008, date of revision would be made in the respective cadre from their date of joining as teacher in TIT. For former category of faculties subsequently absorbed in TIT (Degree level), notional benefit would be admissible from 18.06.2008 to 31.12.2008 and financial benefit shall be allowed w.e.f. 01.01.2009 onwards, and same principle would be followed for the teachers appointed after 18.06.2008 in TIT.” 9. No copy of notification dated 18.06.2008 has been produced. However, it is understood that by a notification dated 18.06.2008, the State Govt. No copy of notification dated 18.06.2008 has been produced. However, it is understood that by a notification dated 18.06.2008, the State Govt. absorbed the teachers of Polytechnic Institute as the teachers of degree level institute of TIT w.e.f. 18.06.2008 and according to the respondents as contained in Para 15 of the counter affidavit, the petitioners will enjoy the pay scale of erstwhile Polytechnic Institute up to 17.06.2008 and from 18.06.2008 only their services will be counted in the TIT. 10. Polytechnic Institute was upgraded as TIT by notification of the Govt. dated 26.02.2007 with all its employees, teachers, etc. Admittedly, the petitioners were absorbed as teachers of TIT from the date of up-gradation of the Polytechnic Institute i.e. converting the Polytechnic Institute to TIT. So, the provisions contained in Annexure-1 to notification dated 31.03.2010 was applicable to the petitioners from the date 26.02.2007. Paragraphs (viii) to (xii) and Paragraph (xvi) of Annexure-1 to notification dated 31.03.2010 are very relevant which read as follows:- “(viii) Posts of Associate Professor shall be in the pay Band of Rs.37,400-667,000/- with AGP of Rs.9,000/-. Directly recruited Associate Professors/ Assistant Professor (in the scale of Rs.12000-18300) in Degree level Technical Institutions shall be placed in the Pay Band of Rs.37,400- 67,000/- with an AGP of Rs.9,000/-, w.e.f. their joining to the post OR w.e.f. 01-01-2006, whichever later. Assistant Professor directly recruited in earlier AICTE cadre system 1996 shall be designated as Associate Professor. (ix) Incumbent Reader/Lecturers (Selection Grade) and Assistant Professor through CAS and who have completed 3 years in the current pay scale of Rs.12,000- 18,300/- on 1-1-2006 shall be placed in Pay Band of Rs.37,400-67,000/- with AGP pay of Rs.9,000/- and shall be re-designated as Associate Professor. (x) Incumbent Readers/Lecturers (Selection Grade) and Assistant Professor through CAS, who had not completed three years in the pay scale of Rs.12,000- 18,300/- on 1-1-2006 shall be placed at the appropriate stage in the pay Band of Rs.15,600-39,100/- with AGP of Rs.8,000/- till they complete 3 years of service in the grade of Lecturer (Selection Grade)/Reader, and thereafter shall be placed in the higher Pay Band of Rs.37,400-67,000/- and accordingly re-designated as Associate professor. (xi) Readers/Lecturers (Selection Grade)/Assistant Professor through CAS in service at present shall continue to be designated as Lecturer (Selection Grade)/Reader/Asstt. (xi) Readers/Lecturers (Selection Grade)/Assistant Professor through CAS in service at present shall continue to be designated as Lecturer (Selection Grade)/Reader/Asstt. Professor, as the case may be, until they are placed in the Pay Band of Rs.37,400-67,000/- and re-designated as Associate Professor in the manner described in (x) above. (xii) Assistant Professors through CAS completing 3 years of teaching in the AGP of Rs.8,000/- shall be eligible, subject to other conditions, that may be prescribed by the AICTE, to move to the Pay Band of Rs.37,400-67,000/- with AGP of Rs.9,000/- and to be designated as Associate Professor. ……………. ………………. (xvi) Teachers of erstwhile Polytechnic Institute (Diploma level) enjoying AICTE pay structure and later upgraded as Teachers in TIT (Degree level) on 18.06.2008, for their cases computation of entitlement of future CAS will be done by counting their services in the Degree Level Technical Colleges w.e.f. 18.06.2008 in reference to point No.17 of the notification.” 11. By a subsequent notification dated 04.04.2012 paragraph (viii) of Annexure-1 was amended with retrospective effect which reads as follows:- “Posts of Associate Professor shall be in the Pay band of Rs.37,400-67,000/- with AGP of Rs.9,000/-. Directly recruited Associate Professors shall be placed in the Pay Band of Rs.37,400-67,000/- with AGP of Rs.9,000/-, at the appropriate stage in the pay band in terms of the conditions of appointment w.e.f. their joining to the post or w.e.f. 01- 01-2006, whichever is later.” 12. It is an admitted position that the petitioners were serving in the post of Lecturer (Selection Grade) and were enjoying AICTE recommended pay scale of Rs.12,000-18,300/- at the time when Polytechnic Institute was upgraded as TIT. It is also an admitted position that by notification dated 03.12.2008, the petitioner Nos.1 and 2 were shown to have moved to the pay scale of Rs.12000-18,300/- w.e.f. 30.12.2006 and petitioner No.3 w.e.f. 31.10.2007. That notification copy of which annexed with the rejoinder affidavit reads as follows:- “No.F.1(499)-DHE/Estt(G)/2005 Government of Tripura Education (Higher) Department Dated, Agartala, the 03-12-2008 NOTIFICATION In pursuance of Education Department’s Notification No.F.1(8-38)-DHE/2000 dated 24-2-2001 & 13- 09-2007 & No.F.1(13-1)-DHE/98 dated 03-02-2000 and on the recommendation of the Screening Committee constituted by the Education Department vide Notification No.F.1(13-1)- DHE/94 dated 29-11-2002, the Governor of Tripura has been pleased to place the following Lecturers (Sr. Scale), erstwhile Polytechnic Institute now TIT borne in AICTE revised scale to the Lecturers (Selection Grade) Scale of Rs.12,000-18,300/- (revised AICTE pay scale 1996) under CAS w.e.f. the date as noted against each at Col. No.6 as follows:- Sl. No Name of the teachers alongwith existing place of post in Date of Ph.D Existing pay Scale Moved to the Pay scale of Date of effect for movement to the Scale of Lecturer (selection grade) 1 2 3 4 5 6 1 Sri Samir Kanti Bhusan, Lecturer (Sr. Scale) Erstwhile Polytechnic Institute now TIT. Rs.10,000- Rs.15,200/- Rs.12,000- Rs.18,300/- 31-10-2007 2 Sri Raja Chakraborty, Lecturer (Sr. Scale),erstwhile Polytechnic Institute now TIT Rs.10,000- Rs.15,200/- Rs.12,000- Rs.18,300/- 30-12-2006 3 Sri Nabarun Dasgupta Lecturer (Sr.Scale) erstwhile Polytechnic Institute now TIT Rs.10,000- Rs.15,200/- Rs.12,000- Rs.18,300/- 30-12-2006 2. The above mentioned teachers shall continue their entertainment against the entry post of Lecturer, erstwhile Polytechnic Institute now TIT, Narsingarh. By Order of the Governor, Sd/- (R. DEBNATH) Under Secretary to the Government of Tripura.” 13. It is, therefore, evident that the petitioner Nos. 1 and 2 completed 3 years in the post of Lecturer (Selection Grade) in the pay scale of Rs.12,000-18,300/- on 30.12.2009 and the petitioner No.3 completed 3 years on 31.10.2010. Admittedly they were given the benefit of Pay Band-IV i.e. the scale of Rs.37,400- 67,000/- on their completion of 3 years in the pre-revised scale. Petitioner Nos. 1 and 2 were given the said pay scale w.e.f. 30.12.2009 and petitioner No.3 was given w.e.f. 31.10.2010. In my considered opinion, therefore, the petitioners were rightly placed in the Pay Band-IV and it is consistent with the notification issued by the State Govt. While the petitioners’ institute in which they were appointed were upgraded at the wisdom of the State Govt., they cannot be placed to their disadvantage in respect of pay scale. Had Polytechnic Institute not been upgraded as TIT, and the petitioners continued in the pay scale of Rs.12,000-18,300/- in the post of Lecturer (Selection Grade) on their completion of 3 years they would be automatically entitled to the Pay Band-IV and because of up-gradation of the Polytechnic Institution, they cannot be placed in a disadvantaged position due to a formal notification issued by the State Govt. contending that the teaching staff of the Polytechnic Institution was absorbed w.e.f. 18.06.2008. contending that the teaching staff of the Polytechnic Institution was absorbed w.e.f. 18.06.2008. It is quite clear from the notification dated 03.12.2008 as reproduced hereinabove that on the recommendation of the screening committee constituted by the Education Department of the Govt. of Tripura, the petitioners were moved to the pay scale of Rs.12,000- 18,300/- from the respective date as recorded against their respective name and therefore, I am of considered opinion that the petitioners were rightly entitled to the said pay scale of Rs.12,000- 18,300/- as provided to them and there cannot be any recovery from the pay of the petitioners. 14. I find no justification at all to set aside and/or quash Clause (viii) and (xvi) of Annexure-I to the notification dated 31.03.2010. But I feel it should be read down to the extent as indicated hereinbefore and accordingly I do so and held that the petitioners are entitled to get the benefit of their services as a Lecturer (Selection Grade) prior to their absorption in the TIT by notification dated 18.06.2008 and the petitioner Nos. 1 and 2 shall be entitled to Pay Band-IV i.e. the pay scale of Rs.37,400-67,000/- from the date of their completion of 3 years in the pre-revised scale of Rs.12,000- 18,300/- i.e. w.e.f. 30.12.2009 and the petitioner No.3 was similarly entitled to the Pay Band-IV w.e.f. 31.10.2010. 15. The writ petition is accordingly partly allowed in terms as aforesaid and stands disposed of.