TAPAN KUMAR CHAKRABARTY Vs. NORTH EASTERN HILL UNIVERSITY (NEHU) AND ORS.

JUDGEMENT

(1.) HEARD Mr. H.S. Thangkhiew, learned Sr. counsel, assisted by Mr. P. Nongbri, learned counsel and Mr. N. Mozika, learned counsel, appearing for the petitioner and also Mr. K. Khan, learned Standing counsel appearing for the respondents.

(2.) IT is the admitted case of both the parties that the University Grants Commission guidelines are followed by the Manipur University as well as the North Eastern Hill University. Over and above, it is also the admitted case of both the parties that the recommendation of the Sixth Central Pay Commission had been implemented by both the Universities i.e. the Manipur University as well as the North Eastern Hill University (for short NEHU). It is clear from the pleadings in the writ petition as well as from the orders passed by the NEHU dated 06 -02 -2006 and 07.03.2006 that the pay of the petitioner as Associate Professor in the Manipur University was protected by the NEHU at the time of fixation of pay of the petitioner soon after his appointment to the post of Reader which carry the same scale of pay of the Associate Professor of the Manipur University. The only issue calls for decision in the present writ petition is as to whether or not the last pay of the petitioner as Associate Professor in the Manipur University which would have been protected when the petitioner joined as Reader in NEHU, will be the last pay of the petitioner after the benefit of implementation of the Sixth Central Pay Commission was extended to the petitioner by the Manipur University while he was Associate Professor in that University?

(3.) IN the year 1991, the petitioner was appointed as Assistant Professor (Lecturer) in the Manipur University vide appointment order dated 18 -07 -1991. Subsequently, the petitioner was given the Senior Pay Scale of Assistant Professor by the Manipur University vide office order No. 2828 dated 19 -11 -1998 (Annexure -3 to the writ petition). While the petitioner was awaiting promotion to Associate Professor in the pay scale of Rs. 12000 -420 -18300/ - plus Career Advancement Scheme of the University Grants Commission, the NEHU issued an advertisement dated 09 -01 -2004 for appointment to different posts including one post of Reader in Statistics.