Decided on April 20,2021

Nilimanka Das Appellant
UNION OF INDIA Respondents


AKIL KURESHI, C.J. - (1.) The petitioner has prayed for a direction to grant him AGP of Rs.7,000/- on completion of 5 years of service as Assistant Professor with consequential benefits. Before we record facts leading to this prayer of the petitioner, we may record that in the petition as it was originally filed, there were averments and allegations against private respondents with matching prayers against granting certain service benefits to these private respondents. However, subsequently this petition was amended so as to drop this challenge. We have focused on the petitioner's principal prayer for grant of higher AGP upon completion of 5 years service as an Assistant Professor.
(2.) This prayer of the petitioner arises in following background: The petitioner holds a Degree of M. Pharm, which he obtained from Jadavpur University, Kolkata in the year 2004. After completing his education, the petitioner first joined as a Lecturer at Gayatri College of Pharmacy, Sambalpur University, Orissa. He, thereafter, appeared in competitive examination conducted by the Tripura Public Service Commission (TPSC) in the year 2005 and was selected and appointed to the post of Lecturer (Pharmaceutics) in Regional Institute of Pharmaceutical Science and Technology, Agartala under a Memorandum dated 22.07.2006 issued by the Government of Tripura. The petitioner accepted such job offer and joined as a Lecturer (Pharmaceutics) on 18.08.2006. It is not in dispute that the post of Lecturer was re-designated as an Assistant Professor by All India Council for Technical Education ('AICTE', for short).
(3.) The AICTE framed the All India Council for Technical Education (pay scales, service conditions and qualifications for Teachers and other Academic staff in Technical Institutions (Degree) Regulations, 2010 (hereinafter to be referred to as 'AICTE Regulations, 2010') under a Notification dated 22.01.2010. These Regulations would come into effect from their publication in the Official Gazette which happened on 13.03.2010. Under these Regulations, it was provided that there shall be only three designations in respect of teachers in Universities and Colleges namely, Assistant Professors, Associate Professors and Professors. These Regulations also provided Revised Pay Scales, Service conditions and Career Advancement Scheme for teachers and equivalent positions. Relevant portion of these Regulations reads as under: 'Revised Pay Scales, Service conditions and Career Advancement Scheme for teachers and equivalent positions: The pay structure for different categories of teachers and equivalent positions shall be as indicated below: (a) Assistant Professor/Associate Professors/Professors In Technical institutions (i) Persons entering the teaching profession in Technical Institutions shall be designated as Assistant Professors and shall be placed in the Pay Band of Rs.15600-39100 with AGP of Rs.6000. Lecturers already in service in the prerevised scale of Rs.8000-13500, shall be re-designated as Assistant Professors with the said AGP of Rs.6000. (ii) An Assistant Professor with completed service of 4 years, possessing Ph.D Degree in the relevant branch/discipline shall be eligible, for moving up to AGP of Rs.7000. (iii) Assistant Professors possessing Master's degree in the relevant branch/discipline as defined for technical education shall be eligible for the AGP of Rs.7,000 after completion of 5 years service as Assistant Professor. (iv) Assistant Professors who do not have Ph.D or a Master's degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs.7,000 only after completion of 6 years' service as Assistant Professor. (v) The upward movement from AGP of Rs.6000 to AGP of Rs.7000 for all Assistant Professors shall be subject to their satisfying other conditions as laid down by AICTE.' ;

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