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Tripura High Court · body
2022 DIGILAW 405 (TRI)
Tripti Saha v. State of Tripura
2022-11-28
ARINDAM LODH
body2022
JUDGMENT 1. The above bunch of writ petitions involves similar and identical points of law and facts, and as such, these are taken up and heard together for disposal with the consent of learned counsels appearing for the parties. 2. Heard Mr. A Bhaumik, learned counsel appearing for the petitioners. Also heard Mr. D. Sarma, learned Addl. G.A appearing for the State-respondents. 3. The petitioners were first appointed as Post Graduate Teachers under Department of Higher Education, Govt. of Tripura. After serving few years and discharging their functions as teachers in the colleges, the petitioners claimed for their absorption as Assistant Professors. Ultimately, some of the Post Graduate Teachers (for short, PGT) approached this Court by filing writ petitions for their absorption as Assistant Professor. 4. A learned Single Judge of this Court allowed the writ petitions filed by those writ petitioners directing the respondents to absorb the petitioners as Assistant Professor who were discharging their duties in different colleges in the Post of Post Graduate Teachers under the Higher Education Department. An intra-court appeal was preferred and the said appeal is pending before the Hon'ble Division Bench of this Court. In those writ petitions, learned single Judge of this Court directed the respondents to frame a scheme to designate the Post Graduate Teachers as Assistant Professor by way of absorption on the available vacant posts in respective academic discipline against the categories of posts. Pursuant to the direction of learned Single Judge, a scheme has been notified vide Notification No.F.1 (716) DHE/Estt(G)/2022/2728 dated 21.09.2022. Mr. Sarma, learned Addl. G.A has placed the scheme before this court which is reproduced hereunder:- 'Government of Tripura Education (Higher) Department No. F-1 (716) DHE/Estt(G)/2022/2728 Dated, Agartala, 21 Sept. 2022 NOTIFICATION The Hon'ble High Court of Tripura directed in interim order passed on dated 16.03.2021 arising upon W.A No.201 to 205 of 2021 in W.P© NO.1391 to 1395 of 2019 that the Department should have to frame a scheme within a period of six months to absorb or designate the 5(five) Nos. petitioners in the post of Assistant Professor in consideration of their long tenure of service in teaching in the Government Degree Colleges as there is no blemish in respect of their competence and the service by discharging the duties of Assistant Professors in the Government Degree Colleges for decades.
petitioners in the post of Assistant Professor in consideration of their long tenure of service in teaching in the Government Degree Colleges as there is no blemish in respect of their competence and the service by discharging the duties of Assistant Professors in the Government Degree Colleges for decades. In Compliance of Judgment of the Hon'ble High Court, Tripura, a scheme has been framed to designate these Post Graduate Teacher (PGTs) working in Higher Education Institutes for absorbing in the post of Assistant Professor. 2. Title of the scheme: 'Scheme to designate Post Graduate Teachers (PGTs) working under the Department of Higher Education, Govt. of Tripura by absorption in the post of Assistant Professor.' 3. Objective of the scheme: To comply direction of the Hon'ble High Court interim order passed on dated 16.03.2021 arising upon W.A NO.201 to 205 of 2021 in W.P(C) No.1391 to 1395 of 2019. 4. Implementation Strategy: (i) The Post Graduate Teachers (PGTs) should complete minimum 12(twelve) years of service in the said post under the institutes of Higher Education Department continuously and with full satisfaction of the authority. (ii) Absorption in the post of Assistant Professor will be done on the basis of availability of vacant posts in the respective disciplines and in respective category. (iii) The PGTs should possess requisite qualification like NET/SLET/SET/Ph.D degree for absorption in the post of Assistant Professor. (iv) The PGTs will be designated by absorption in the post of Assistant Professor with initial pay [Rs.57,700/- to Rs.1,82,400/-] under pay matrix level 10 in the presently available vacant post in respective disciplines. (v) There will be no age bar for absorption of PGTs in the post of Assistant Professors. (vi) The Post Graduate Teachers (PGTs) will be designated by absorption in the post of Assistant Professor with prospective effect from the date of issue of the notification by the department. The State Government shall have the power to change/modify any part of the scheme as per the requirement time to time. Sd/- illegible (N.C Sharma) Additional Secretary to the Government of Tripura' 5. In compliance of the said scheme, as many as 5 (five) Post Graduate Teachers were designated as Assistant Professor and they were absorbed against available vacancies. There are many other Post Graduate Teachers, and according to learned counsel for the petitioners, there are available vacancies also.
Sd/- illegible (N.C Sharma) Additional Secretary to the Government of Tripura' 5. In compliance of the said scheme, as many as 5 (five) Post Graduate Teachers were designated as Assistant Professor and they were absorbed against available vacancies. There are many other Post Graduate Teachers, and according to learned counsel for the petitioners, there are available vacancies also. The petitioners' names were kept in the waiting list unnecessarily as they are also similarly situated Post Graduate Teachers who were designated as Assistant Professor. 6. In the light of the said scheme and the stand of the department, I direct the respondents to consider the absorption of the petitioners and to designate the petitioners as Assistant Professor in accordance with the scheme, if the petitioners are found eligible and absorb them against the available vacancies. 7. The entire exercise shall be made within a period of 4(four) weeks from today. 8. With the aforesaid directions, the present petitions stand allowed and disposed of by this common order. Pending application(s), if any, shall also stand disposed.[ 2022 DIGILAW 405 (TRI) · digilaw.ai ]