Decided on November 06,1968



- (1.)This is a petition filed under Art. 226 of the Constitution of India by Shri Ramendu Sundar Khan, M.Sc. (Zoology), Senior Lecturer in the M.B.B. College, Agartala, against (i) the Secretary, Education Department, Govt. of Tripura, Agartala, (ii) the Secretary, Ministry of Education,, Government of India, New Delhi, (in) the Chief Commissioner-cum- Administrator to the Government of Tripura, Agartala, (iv) the Principal M.B.B. College, Agartala, (v) Dr. P. V. Nair, Ph.D., Senior Lecturer in Zoology, M.B.B. College, Agartala, (vi) Union of India and (vii) Government of India (Union Territory of Tripura) for a writ of certiorari quashing the letter No. 1959/P-30 dated 16-11-1957 issued by the Principal, M.B.B. College, Agartala, to the petitioner to hand over charge of the Zoology, Department to the fifth respondent, the order of the third respondent, No. F. 6(159)-GA/55 dated 7-12-1957 that "on the recommendation of the Union Public Service Commission the fifth respondent was appointed as Senior Lecturer in Zoology, M.B.B. College, Agartala, with effect from the afternoon of 2-12-1957 vice the petitioner officiating Senior Lecturer in Zoology, who had been reverted to his substantive post of Lecturer in Zoology, M.B.B. College, Agartala, with effect from the afternoon of 2-12-1957" and letter No. F. 3-18/61. SE.2 of the Government of India, Ministry of Education, dated 17-7-1964, stating that there was no objection to the fifth respondent being allowed to hold the charge of the Zoology Department and for a writ of mandamus directing the respondents 1, 3, 4, 6 and 7 to make the petitioner Head of the Department of Zoology in the College.
(2.)The brief facts of the case leading to the institution of the writ petition are as follows:
The petitioner, who holds the degree of Master of Science in Zoology, was appointed at first as Professor of Zoology in the M.B.B. College, Agartala, on Rs. 250 in the grade of Rs. 15010200EB10250 EB15400 on probation for three months subject to confirmation on approved service. The appointment was made under the order of the Dewan of the then Maharajah of Tripura State. Vide Exhibit B-2 dated 1-9-1949 and Exhibit A-5 dated 14-7-1958. He joined on 3-12-1949. Tripura was then a Part C State under the administration of the late State Ministry of the Government of India. Tripura was integrated with the Union of India on 15-10-1949. The petitioner was confirmed as Professor of the M.B.B. College bv the Chief Commissioner, Tripura, on 20-7-1950 with effect from 3-12-1949, the date of the joining of the petitioner as Professor, vide Exhibit A-29.

(3.)On 29-1-1953 the Government of India decided to reorganise the Education Department in Tripura in supersession of the then existing orders regarding the scales of pay and qualifications of the staff in the various categories in the Department by making revision as set forth in the schedule attached to the letter of the Government of India (Ministry of Education), dated 29-1-1953. Vide Exhibit A-1. The Government of India ordered that the revised scales of pay as mentioned in the schedule of the letter should be given effect to only after the reorganisation of the Department had been settled the surplus and inefficient personnel having been retrenched and after the personnel from amongst the then existing employees, who would continue to serve in the reorganised department, were regraded and that the new scales of pay would be applicable to those personnel so retained with retrospective effect from 1-4-1950. In para 4 of the letter, the Government of India stated that as M.B.B. College, Agartala, was teaching upto degree course only, the Government of India felt that it was not appropriate to designate some of the lecturers or heads of departments as "Professors", that the post of "Professors" might be redesignated as "Senior Lecturers" and that they might be given the scales shown in the schedule attached to the letter. The Government of India requested the Chief Commissioner, Tripura, in para 5 of the letter to furnish the scales of pay and qualifications prescribed in West Bengal for the posts of Classical and Vernacular teachers. In the schedule the three posts of Vice-Principal, Senior Lecturer and Head of the Department were equated and their revised scales, were fixed at Rs. 2502065025750. The required qualification was M.A. or M.Sc. (Second Class at least) with satisfactory teaching experience for at least three years. The old scale of pay for the post of lecturer was revised to Rs. 20010 42025450 and the qualification prescribed was degree of M.A. or M.Sc. The petitioner was retained. But, the third respondent Chief Commissioner passed an order dated 18-9-1953 retaining the petitioner, who was then "Professor" of Zoology, in pursuance of the order of the Government of India mentioned in Exhibit A-l substantively in the revised set-up as a "Lecturer" in Zoology of the M.B.B. College, Agartala, with the revised scale of pay of Rs. 200450 with effect from 1-4-1950. Vide Ex. A-2. But as the petitioner was retained, he should have been retained as "Senior Lecturer" and not as "Lecturer" and his revised scale of pay should have been fixed at Rs. 2502065025750 as per the schedule in Exhibit A-l. The third respondent appointed the fifth respondent Shri P. V. Nair, M.Sc, as lecturer on a pay of Rs. 200 per mensem in the scale of pay of Rs. 2001042025450 from the date of his joining the duty till the end of February, 1954. Vide Exhibit B-3, copy of the order dated 18-11-1953. Subsequently, the third respondent passed another order dated 23-5-1955 appointing the petitioner "permanent Lecturer in Zoology to officiate as 'Senior Lecturer' in Zoology in the College with effect from the forenoon of 1-4-1955 and until further orders". Vide Exh. B-l dated 23-5-1955.

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