Decided on January 29,2021

Abhijit Debbarma Appellant


S.Talapatra,J. - (1.) Heard Mr. P. K. Ghosh, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl.GA appearing for the respondents.
(2.) The petitioners were appointed as the Assistant Professor by the notification dated 27.12.2010 (Annexure-2 to the writ petition) in the Pay Band of Rs.15,000-37,000/- with AGP Rs.6000/- per month with other admissible allowances. There is no dispute that the petitioners have acquired M.Tech degree before entering in the service. As such, in view of the notification dated 02.02.2010 (Annexure-5 to the writ petition), the petitioners are entitled to get two non-compounded advance increments for their having M.Tech degree, but the said benefit has not been granted to them. In view of para 2(a) (iv) of the said notification dated 02.02.2010 that Assistant Professors possessing M. Phil Degree shall be entitled to two non-compounded advance increments. The said notification has not referred the other post-graduate degrees of the other disciplines of learning. Hence, the said notification, so far the above clause is concerned, be read with the UGC notification dated 31.12.2008 where it has been provided as follows: 'Those possessing Post Graduate degree in a professional course such as LL.M/M.Tech etc recognized by the relevant statutory Body/Council, shall also be entitled to 2 non-compounded advance increments at the entry level.' The state government has omitted that part. For the other disciplines, where M.Phil is not 'available', as stated the respondents have not made any provision.
(3.) That apart, by means of this petition, the petitioners have asserted their grievance that they are entitled to benefits of Academic Grade Pay (AGP) for completion of five years see the UGC notification as the Assistant Professor as the petitioners do posses M. Tech degree. But that benefit has not been given. There cannot be any amount of doubt that for the principal notification dated 13.12.2008, the petitioners are entitled to Academic Grade Pay (AGP) of Rs.7000/- for their completion of five years in service in the post of Assistant Professor. The UGC notification dated 31.12.2008 provides thus: 'Assistant Professors possessing M.Phil degree or postgradute degree in professional courses approved by the relevant Statutory Body, such as LL.M/M.Tech et shall be eligible for the AGP of Rs.7000 after completion of 5 years service as Assistant Professor.' Hence, the exclusion not only remained un-explained but is grossly unreasonable. ;

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