BUOY CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this writ petition, the petitioners are claiming payment of higher pay scale benefit of Rs. 1300-3220/-, which has been allowed to some Junior Physical Instructors, who acquired Bachelor Degree in Physical Education (for short 'B.P.Ed.) or Post Graduate Diploma in Physical Education (for short ('D.P.Ed.') on or after or prior to 24.4.1982 but upto 31.12.1991 by the Office Memorandum dated 11.6.1993 (Annexure-5 to the writ petition) on the ground that they also have acquired D.P.Ed. on 1.12.1992.

(2.) The material facts are not in dispute and the same may be briefly highlighted. The petitioners, who are 9(nine) in numbers are Junior Physical Instructors, who were appointed on 7.8.1989 in the scale of pay of Rs.900-2400/- with the usual admissible allowances. After some time they were sent for training in D.P.Ed. Course at Regional College of Physical Education, Panisagar, North Tripura and their training was completed on 4.7.1992 in the said institute. Thereupon, they were recognized as di- ploma holder in Physical Education or Post Graduate Diploma in Physical Education. By the Office Memorandum dated 11.6.1993, the respondent No.2 circulated the guideline for granting of benefit of higher pay scale to the Physical Instructors, who acquired B.P.Ed, or D.P.Ed. from a recognized College. It was stipulated therein that Physical Instructors holding such degree or diploma and who were en- joying the pay scale of Rs.900-2400/- and Rs.1250-2890/- under graded scale No.19 under part-C of R.O.P. Rules, 1988 should be granted the revised scale of pay. In view of the said Memorandum, such benefits were given to different erade as under: (a) P.I. Selection Grade (Rs.l700 to 3980/-) : (after completion of 18 years continuous service in the post at (b) and (c). (b) Senior P.I. (Rs. 1450 to 3710/-) : (after completion of 10 years continuous ser vice as P.I. (trained). (c) Physical Instructor (trained) (Rs. 1300-3220/-) : (from initial Grade)

(3.) However, by the same memorandum it was stated therein that such benefit of higher revised scale would be allowed only to those Physical Instructors who acquired B.P.Ed. or D.P.Ed. on or after or prior to 24.4.1982 but upto 31.12.1991 (date of publication of result). It was further stipulated therein that Junior Physical Instructors and Physical Instructors, who acquired B.P.Ed, and D.P.Ed. or M.P.Ed, on or after 1.1.1992 would be granted the benefit of one additional increment in the existing scale in the manner as indicated at (G) of Finance Department's O.M. No.4(62)-FIN(PC)/ 92, dated 7.12.1992. It was stated by the petitioners that by making 31.12.199 las the cutoff date for granting the benefit of the said higher pay scale, they have been denied of the same since they acquired the said qualification on 1.12.1992. It is the further case of the petitioners that the proforma respondent No. 1, who is also similarly situated has been given the higher pay scale benefit. According to the petitioners, they have made a number of representations to the State-respondents for redressing their grievance but to no effect. According to the petitioners, the denial of the said benefit of higher revised pay scale to them under the circumstances of the case is arbitrary, illegal and discriminatory. It is the further case of the petitiners that they were also keen to obtain diploma i.e. higher qualification from the training centre but due to the method of pick and choose policy adopted by the respondent No.3, they were not able to acquire the said higher qualification within the cut-off date referred to earlier It is submitted by the petitioners that there is no rationality in adopting 31.12.1991 as the cut-off date for granting the benefit of higher pay scale to the Physical Instructors, who acquired the post graduate diploma and that there is no earthly reason for treating the petitioners differently and as such the State-respondent should be directed to grant the benefit of said higher revised pay scale of Rs. 1300-3220/- to them.