JUDGMENT & ORDER : Heard Mr. C.S. Sinha, learned counsel appearing for the petitioners as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents. 2. Both these writ petitions being W.P.(C) No.507 of 2017 [Dr. Nibash Debbarmma vs. State of Tripura & Ors.], W.P.(C) No.508 of 2017 [Dr. Mridupaban Baishya vs. State of Tripura & Ors.], W.P.(C) No.509 of 2017 [Dr. Biplab Debroy vs. State of Tripura & Ors.], W.P.(C) No.654 of 2017 [Dr. Bikash Ch. Debnath vs. State of Tripura & Ors.], W.P.(C) No.655 of 2017 [Dr. Tapan Kumar Das & Ors. vs. State of Tripura & Ors.] and W.P.(C) No.656 of 2017 [Dr. Jowel Debnath & Ors. vs. State of Tripura & Ors.] are combined for disposal by a common judgment inasmuch the petitioners are similarly circumstanced and they have urged for a common relief. 3. There is no dispute that all the petitioners are working as the Assistant Professor in the college of Veterinary Science & Animal Husbandry and according to the petitioners they are receiving the UGC pay scale but the other allowances, they are getting at par with the state government employees. The Government of India in the Ministry of Human Resource Development, Department of Education, MHRD in short, in their letter No.1-32/2006-U.II/U.I(I) dated 31.12.2008 requested the Government of Tripura for considering the adoption and implementation of the revised pay structure as recommended by the UGC for the teachers in colleges in the state w.e.f. 01.01.2006. In pursuance thereto, the Government of Tripura in Education (Higher) Department adopted and implemented the same in respect of the government colleges under the Higher Education Department by the notification No.F.4(11-4)-DHE/VGT/08(L)-III dated 02.02.2010. As per the UGC guidelines, the petitioners are entitled to get 3[three] non-compounded increments and 2[two] non-compounded increments for their having PhD, M. Phil and other higher qualifications. By the notification under No.F.3-1/2009 dated 30.06.2010, the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, hereinafter referred to as the UGC Regulations, was published in the gazette of India. Under Part-II of the said regulation, provision has been made for incentive for PhD and M.Phil and other higher qualification to be effected from 01.09.2008. Under Part-II of the said regulation, provision has been made for incentive for PhD and M.Phil and other higher qualification to be effected from 01.09.2008. It has been asserted by the petitioners that the Regulation 9.0 stipulates that at the entry level of recruitment, such as Assistant Professor, 5[five] non-compounded advance increments are admissible to person possessing the degree of PhD; 2[two] non-compounded advance increments to person possessing the degree of M. Phil; 2[two] non-compounded advance increments to person possessing Post-Graduate degree in the professional course such LLM/M.Tech/M.Arch/M.E./M.V.Sc./M.D. etc. and 3[three] non-compounded advance increments to the teachers who completed their PhD while in service. The said UGC notification dated 30.06.2010 has been placed with the writ petition being W.P.(C) No.507 of 2017 [Annexure-2]. Since the petitioners were not allowed that benefit, they filed a representation on 21.09.2013 [Annexure-3 to the writ petition being W.P.(C) No.507 of 2017] but the said representation has not been considered and disposed of. The petitioners did not get the non-compounded advance increments which, according to them, they are entitled to as per the UGC guidelines. The petitioners have asserted that such withholding of the benefit is grossly arbitrary. Being persuaded by inaction of the respondents, the demand notice was served on them on 31.01.2017. In response to that demand notice, by the letter No.F.25(6)-FIN(G)/2015(P-I) (L) dated 01.03.2017, the Finance Department has intimated that the matter relates to Animal Resource Development Department, ARDD in short. So there was disposal on merit. The petitioners have asserted that on the request of the Government of India in the Ministry of Human Resource Development, Department of Education [MHRD] vide their letter under No.1-32/2006-U.II/U.I(I) dated 31.12.2008, the Government of Tripura in Education (Higher) Department issued the notification under No.F.4(11-4)-DHE/VGT/08(L)-III dated 02.02.2010 for implementing the UGC recommendation with some modification in respect of Government Colleges as catalogued in the said notification. As per UGC guidelines, there is no controversy that non-compounded advance increments are allowed as incentives for acquisition of Ph.D/M.Phil and other higher qualifications. In the said notification, the college of Veterinary Science and Animal Husbandry is not included. As per UGC guidelines, there is no controversy that non-compounded advance increments are allowed as incentives for acquisition of Ph.D/M.Phil and other higher qualifications. In the said notification, the college of Veterinary Science and Animal Husbandry is not included. It has been asserted by the petitioners that the Regulation 9.0 of the UGC guidelines clearly stipulates that at the entry level of recruitment as Assistant Professor, 5[five] non-compounded advance increments are admissible to person possessing the degree of Ph.D; 2[two] non-compounded advance increments to person possessing the degree of M.Phil; 2[two] non-compounded advance increments to person possessing Post-Graduate degree LLM/M.Tech/M.Arch/M.E/M.V.Sc/M.D etc. and 3[three] non-compounded advance increments to teachers who completed their PhD while in service. To this proposition, no dispute has been raised by the respondents. 4. There is no controversy that the College of Veterinary Science & Animal Husbandry is a degree college under the same State Government like the other government decree colleges. According to the petitioners by withholding this benefit as provided by the Regulation 9.0 of the UGC Regulations, 2010, the respondents have acted illegally. Hence, the notification dated 02.02.2010 has in effect deprived them of the benefit of the non-compounded advance increments for having the requisite higher qualification. Thus, the notification dated 02.02.2010 is unjustified, unreasonable, discriminatory and bad in law for exclusion of the College of Veterinary Science & Animal Husbandry. Hence, the petitioners have approached this court to issue a direction calling upon the respondents to extend the said benefits to the Assistant Professor of the College of Veterinary Science & Animal Husbandry under the Government of Tripura. 5. Mr. C.S. Sinha, learned counsel appearing for the petitioners has submitted that the State Government has released the non-compounded increments for acquisition of PhD, M.Phil or other higher qualification. On the contrary, the respondents have clearly submitted that the College of Veterinary Science & Animal Husbandry is not included in the notification dated 02.02.2010 issued by the Government of Tripura Education, [Higher] Department in pursuance to the recommendation by the MHRD by their letter No.1-32/2006-U.II/U.I(I) dated 31.12.2008 and hence, the petitioners would not get such benefit. 6. That apart, Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents has submitted that it would be apparent from the communication under No.F.2/CVS/Astt. 6. That apart, Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents has submitted that it would be apparent from the communication under No.F.2/CVS/Astt. Prof./REC/10/7629 dated 20.08.2010 [page-8 to the reply filed by the respondents] that the pay and salaries of the petitioners were never linked with the UGC recommendations or the scales as adopted by the State Government on the basis of such recommendation. Mr. Debbarma, learned Addl. G.A. has further submitted that the ARDD, Government of Tripura has been interacting with the nodal department weighing to provide the pay scale in terms of the UDC recommendations as adopted by the MHRD falls in the domain of the policy-making but there is no record before this court to infer that the State Government has taken any decision in this regard and as such, the petitioners cannot claim the benefits beyond what is reflected in the communication dated 20.08.2010. Mr. Debbarma, learned Addl. G.A. has produced the communication under No.F.TU/DIR.CDC/Vety.C/ 51/2010 dated 04.05.2018 whereby the Director, CDC Tripura University has clearly reminded the Principal, College of Veterinary Science & Animal Husbandry where the petitioners are working that the provisional affiliation has been extended. Mr. Debbarma, learned Addl. G.A. in tune with the reply filed by respondents has submitted that until and unless the competent authority has not adopted a decision in accepting the pay scales and other benefits and incentives as recommended by the UGC and approved by the Government of India, the petitioners do not have any indefeasible right to claim such benefit when the matters falls within the policy domain of the executive, the court may not intervene. Since no decision to include the College of Veterinary Science & Animal Husbandry has been taken to extend the benefits, as stated, these writ petitions are liable to be dismissed. 7. Having appreciated the submissions made by the learned counsel appearing for the parties and the records produced with the writ petitions in particular, this court holds that the petitioners have failed to show that the teaching personnel of the College of Veterinary Science & Animal Husbandry, affiliated by the Tripura University, are entitled the benefits as reflected in the notification dated 02.02.2010 including the benefit of 5 [five] & 3 [three] non-compounded increments for having the higher qualifications, such as PhD etc. during their service or in the entry. during their service or in the entry. It cannot be denied that the College of Veterinary Science & Animal Husbandry is a degree college under the Government of Tripura like any other colleges, whose Assistant Professors, referred as the petitioners are all holding that status. For not extending the similar benefits, the Assistant Professors and the other teachers of the said college, namely College of Veterinary Science & Animal Husbandry, Government of Tripura are being deprived of such benefits. Even their representation has not been properly appreciated for taking an affirmative action. In the additional affidavit filed by the respondents, it has been stated that the State Government is in the process of consultation whether the teachers of the College of Veterinary Science & Animal Husbandry can be extended with the benefit of the notification dated 02.02.2010 or the said regulation. But no decision has been taken as yet. As such, the decision is in limbo. Since the petitioners do not have any indefeasible right to ask for a direction on the respondents to allow them to get the non-compounded increments for their higher qualification, as stated above, but this court is of the considered opinion that the petitioners’ demand for such extension requires a serious consideration by the Government of Tripura. 8. In the perspective, these writ petitions are disposed of with a direction on the respondents to bring the exercise to accord the similar benefits, as provided by the notification dated 02.02.2010 to the Assistant Professors or other teaching faculties or to extend the UGC scales, revised from time to time and also to release the non-compounded increments for their having higher degrees like Ph.D, M.Phil etc. to its logical end within a period of 3[three] months from the date when the petitioners shall submit a copy of this order to the Secretary, Government of Tripura, Animal Resource Development Department. It is expected that the College of Veterinary Science & Animal Husbandry being a decree college shall be notified for purpose of granting those benefits as provided by the said notification dated 02.02.2010 or the other notification or the regulation to the petitioners or other teaching faculties. Having observed thus, these writ petitions stand allowed to the extent as indicated above. There shall be no order as to costs.