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Raghunandan Das & Others v/s State of Tripura & Others


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    Review Petition No. 15 of 2020

    Decided On, 09 June 2020

    At, High Court of Tripura

    By, THE HONOURABLE MR. JUSTICE S. TALAPATRA

    For the Appellants: K. Nath, A. Debbarma, Advocate. For the Respondents: D. Sharma, Addl. GA.



Judgment Text

[1] Heard Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. GA appearing for the respondents.[2] The combined judgment dated 13.09.2019 was delivered disposing two writ petitions being WP(C) 880 of 2019 (Dr. Indrajit Ray and 3 Others v. State of Tripura and Others ) and WP(C) 881 of 2019 (Dr. Raghunandan Das and 3 Others v. State of Tripura and Others) . The said judgment and order dated 13.09.2019 has been placed for review by this court. It is apparent from the reading of the judgment that the controversy that has been decided was in respect of release of non-compounded advance increments for having or acquiring, whichever applies, 'Ph.D, M.Phil Degree' for Government College teachers from the date of their appointment or from the date of their acquisition of the degree of Ph.D.[3] We are concerned in the present petition with the said judgment dated 13.09.2019 so far it concerned with WP(C) 881 of 2019 (Dr. Raghunandan Das and 3 Others v. State of Tripura and Others) . In the said writ petition, there were four writ petitioners namely, Dr. Raghunandan Das, Sri Abhijit Datta, Dr. Dipanwita Chakraborty, Dr. Supriya Dam. All these petitioners entered in the service under the respondents in the post of Assistant Professor (Group B Gazetted) by virtue of the notification dated 25.03.2008 and they joined their respective posts on 21.04.2008. All the petitioners, at the time of entry of their service in the said post had the degree of M.Phil and in terms of the Notification under No.F.4(11-4)- DHE/BCT/08/L-III/568(25) dated 21.05.2011 (Annexure-8 to the writ petition), those petitioners were entitled to get two non-compound advance increments for having the M.Phil Degree at the time of recruitment. [see para 4 (ii)].[4] It has been provided in Para 4 (ii) that M.Phil degree holder at the time of recruitment to the post of Assistant Professor shall be entitled to two non-compounded advance increments.[5] For purpose of record, the petitioner No.1 (Dr. Raghunandan Das) obtained degree of M.Phil in the year 2005 from Assam University, the petitioner No.2 (Sri Abhijit Datta) obtained the degree of M.Phil on 13.08.2004 from Assam University, the petitioner No.3 (Dr. Dipanwita Chakraborty) obtained degree of M.Phil from Assam University and the petitioner No.4 (Dr. Supriya Dam) obtained the degree of M.Phil from Assam University.[6] There is no dispute that the petitioners no. 1, 3 and 4 in the course of their employment were awarded their degree of Philosophy (Ph.D) and for that they have received three non-compounded advance increments in terms of the Clause 4(i) of the notification dated 02.02.2010. The said clause provides as under:4 (i) Five non-compounded advance increments shall be admissible at the entry level of recruitment as Assistant Professor to persons possession the degree of Ph.D awarded in the relevant discipline by a university following the process of registration, course work and external evaluation as prescribed by the UGC.[7] The said clause has been clarified in clause 4(iv) of the said notification in the following manner:' 4(iv) However, teachers in service who have been awarded Ph.D at the time of coming into force of this Scheme or having been enrolled for Ph.D have already undergone course-work, if any, as well as evaluation, and only notification in regard to the award of Ph.D is awaited, shall also be entitled to the award of three non-compounded increments even if the university awarding compounded increments even if he university awarding such Ph.D has not yet been notified by the UGC as having complied with the process prescribed by the Commission.'It has been further clarified in clause (v) of the said notification in the manner as reproduced below:' 4(v). In respect of every other case, a teacher who is already enrolled for Ph.D shall avail the benefit of three non-compounded increments only if the university awarding the Ph.D has been notified by the UGC to have complied with the process prescribed by the commission for the award of Ph.D in respect of either course work or evaluation or both, as the case may be.'It has been again clarified in para 4 (vi) of the said notification as under:' 4 (vi) Teachers in service who have not yet enrolled for Ph.D shall, therefore, derive the benefit of three non-compounded increments in award if Ph.D while in service only if such enrolment is with a university which complies with the entire process, including that of enrolment as prescribed by the UGC.'[8] Mr. Nath, learned counsel appearing for the petitioners has submitted that the petitioners No.1, 3 and 4 acquired degree of Ph.D during their service and three non-compounded advance increments have been released in their favour and on that part, there is no controversy. The prayer had been made in the writ petition for directing the respondents to release the two non-compounded advance increments in favour of all the petitioners in WP(C)881 of 2019, since at the time of their recruitment, those petitioners had the degree of M.Phil, but as that was not released, they had approached this court by filing the writ petition being WP(C) 881 of 2019 (disposed of). For omission as caused by this court at the time of consideration, that aspect was not taken care of. Only the release of five non-compounded advance increments has been dealt with. The said release was prayed by the writ petitioners in WP(C) 880 of 2019. The review petitioners relief was for release of two non-compounded advance increments for their having the degree of M.Phil at the time of recruitment as Assistant Professors of the Government Degree Colleges.[9] Mr. Sharma, learned Addl. G.A has submitted that if they are entitled to such relief, by virtue of the notification dated 02.02.2010, there will be no difficulty in releasing the said increments, subject to their conforming to the conditions as made in the said notification dated 02.02.2010 (Annexure-7 to the writ petition). Having regard to the entire aspect, this court is of the view that a simple omission out of inadvertence has been done by this court. Hence, in addition to the direction made in the para 8 of the said combined judgment dated 13.09.2019, the following direction is issued on the respondents by this court to release two non-compounded advance incremen

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ts in favour of the writ petitioners of WP(C) 881 of 2019 namely, Dr. Raghunandan Das, Sri. Abhijit Datta, Dr. Dipanwita Chakraborty, Dr. Supriya Dam in terms of the said notification dated 02.02.2010 (Annexure-7 to the writ petition). Such benefit shall be released within three months from the date of furnishing a copy of this order by the review petitioners. As this order is passed in the review petition 15 of 2020, a copy of this order shall be kept in the file of WP(C) 881 of 2019 and that shall be treated as part of combined judgment dated 13.09.2019 as referred above for all purposes.In terms of the above, the review petition stands allowed and disposed of.There shall be no order as to costs.
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