Dr. Tripti Saha and Ors. vs The State of Tripura and Ors.
- Court
- Tripura High Court
2026:THC:1477-DB Page 1 of 11
TRHC010015572026
HIGH COURT OF TRIPURA
AGARTALA
WA 87/2026
1. Dr. Tripti Saha and Ors.
W/O- Sri Sudip Kumar Taran, R/O-Bhagini Nivedita Nivas Chatri, Krishnanagar,
Near Satsangha Ashram, P.O.- Agartala, P.S.- West Agartala, District- West
Tripura, Pin-799001.
2.Dr. Purba Sen
D/O- Lt. Purnendu Sen, W.O- Sri Sushanta Chandra Deb, R/O- Near Ramkrishna
Vivekananda Vidyamandir, P.O- Dhaleshwar, P.S- East Agartala, District- West
Tripura, Pin- 799007
3.Dr. Ratnabali Ray Sengupta
W/O- Sri Tushar Kanti Sengupta, D/O - Lt. Bhashkar Roy, R/O- North
Banamalipur, P.0- Agartala, P.S- East Agartala, District-West Tripura, Pin-
799001
4.Dr. Md. Muslem Miah
S.O- Lt. Idrish Miah, R/O- Sonamura Bridge Chowmuhani, P.O and P.S-
Sonamura, District- Sepahijala Tripura, Pin- 799131
5.Dr. Jayeeta Bhattacharya
W/O- Rupak Kanti Bhattacharya, R/O- MBB College, College Road, Shibnagar,
P.O- College Tilla, P.S- East Agartala, District- West Tripura, Pin- 799004
6.Dr. Uma Namasudra
W/O- Sri Sankar Sarkar, R/O- DWS Quarter, PHE/11/03, College Road, Hurua,
P.O and P.S- Dharmanagar, District- North Tripura, PIN-799251.
7.Dr. Jyotirmoy Sharma
S/O- Late Surendra Sharma, R/O -Vill- Nutan Nagar, P.O.-Airport, P.S.- Airport,
District-West Tripura
8.Dr. Subir Sekhar Adhikari
presently residing at - C/O Sri Pulak Debbarma, Sankar Chowmuhuni, Padma
Kutir Lane, Krishnanagar, P.O.- Agartala, P.S- West Agartala, District - West
Tripura
9.Dr. Mousumi Gupta (Sengupta)
W/O- Late Sanjay Sengupta, R/O- Ramnagar Road No-6 End, P.O.-Ramnagar,
P.S- West Agartala, District- West Tripura
..........Appellant(s)
Versus
1.The State of Tripura and Ors.
Represented by its Principal Secretary, Higher Education Department, Govt. of
Tripura, P.O.- Secretariat, P.S.- New Capital Complex, District-West Tripura,
Pin-799010.
2026:THC:1477-DB Page 2 of 11
TRHC010015572026
2.The Additional Secretary
Higher Education Department, Govt. of Tripura, P.O- Secretariat, P.S- New
Capital Complex, District- West Tripura, Pin- 799010
3.The Director
Higher Education Department, Govt. of Tripura, P.O- A gartala, P.S- west
Agartala, District- West Tripura, Pin- 799001
..........Respondent(s)
WA 88/2026
1.Sri Suman Mandal and Anr.
S/O- Sri Chandan Mandal, R/O- Baulabasa, P.O and P.S.- Kailashahar, Dist.-
Unakoti, PIN-799277.
2.Smt. Ruma Chowdhury
W/O- Sri Amitabha Biswas, R/O- Behind Vidyasagar Girls H.S. School, 112
Kalibari Road, P.O.- Jogendranagar, P.S.- East Agartala, Dist- West Tripura,
PIN- 799004.
..........Appellant(s)
Versus
1.The State of Tripura and Ors.
Represented by its Principal Secretary, Higher Education Department, Govt. Of
Tripura, P.O- Secretariat, P.S.- New Capital Complex, District- West Tripura,
Pin-799010.
2.The Additional Secretary
Higher Education Department, Govt. of Tripura, P.O- Secretariat, P.S.- New
Capital Complex, District- West Tripura, Pin-799010.
3.The Director
Higher Education Department, Govt. of Tripura. P.O.- Agartala, P.S.- West
Agartala, District- West Tripura, Pin-799001.
..........Respondent(s)
For Petitioner(s) : Mr. Arijit Bhaumik, Advocate
Ms Ishpa Chakma, Advcoate
For Respondent(s) : Mr. Mangal Debbarma, Addl. GA.
Date of hearing : 14.10.2026
Date of pronouncement : 11.11.2026
Whether fit for reporting : YES
2026:THC:1477-DB Page 3 of 11
TRHC010015572026
HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER
(PER CHIEF JUSTICE)
These Writ Appeals have been filed by the Appellants challenging the
common judgment dt.dt.6.7.2026 in W.P.(c) No.255 of 2024 and WP.(c) No.256
of 2024.
2. The appellants had been initially appointed as part time contract
teachers in Degree colleges run by the Higher Education Department of the Govt.
of Tripura. Prior to such appointment, they had undergone a selection process of
an oral interview.
3. In 2010, the Council of Ministers took a decision to absorb the
appellants as well as others similarly situated part-time contract teachers as Post
Graduate Teachers (Group - C) in the scale of pay of Rs.5310-24,000/- with GP
of Rs.2,400/- pm.
4. The respondents issued a Memorandum dt.26.6.2010 where under
appellants were engaged as Post Graduate teachers for taking classes at the
Degree College Level with the pay scale meant for the Post Graduate Teachers.
5. By a judgment dt. 16.3.2021 in W.P.No.1391/2019 and batch, this
court had directed the respondents to frame a scheme within 6 months to absorb
or designate the Post Graduate Teachers in the post of Asst. Professor in
consideration of their long tenure of service in teaching in General Degree
Colleges. It further directed that within 3 months of framing of the scheme, they
should be considered for absorption or designation as Asst. Professor in the
General Degree Colleges. The judgment of learned single Judge to this extent has
2026:THC:1477-DB Page 4 of 11
TRHC010015572026
been affirmed by the Division Bench vide it’s judgment dt. 17.5.2023 in
WA.no.201 of 2021 and batch.
6. Pursuant to this direction, a scheme was framed vide notification
dt.21.9.2022 by the State Government called “Scheme to designate Post graduate
Teachers working under the Department of Higher Education, Govt. of Tripura by
absorption in the post of Asst. Professor”.
7. Sometime in 2022/2023, the appellants in WA No.87 of 2026 were
designated as Asst. Professors by way of absorption as per directions dt.16.3.2021
in W.P.No.1393,1394,1395/19 and judgment dt.28.11.2022 in
W.P.No.254/2021,255/2021,256/2021,259/2021,292/2021,293/2021.
8. The appellants in WA No.88 of 2026 were designated as Asst.
Professors by way of absorption as per directions dt.28.11.2022 in WP.No.254 to
261 and 192 to 302 of 2021 and also judgment dt.6.12.2022 in W.P.276, 277 of
2022.
9. Thus they all entered the cadre of Asst. Professors.
10. All appellants in WA.No.87 of 2026 had secured the Ph.D degree
while in service as Post Graduate Teachers under the Higher Education
Department of the Govt. of Tripura - some before 2010 and others after 2010.
11. The appellants in WA No.88 of 2026 also secured M. Phil in 2008
and 2009 while working as Post Graduate teachers under the Higher Education
Department of the Govt. of Tripura.
12. The respondents released only 3 advance increments in case of
appellants/Asst. Professors who are Ph.D scholars and only one advance
2026:THC:1477-DB Page 5 of 11
TRHC010015572026
increment to appellants/Asst. Professors who are M.Phil holders vide
Memorandum dt.4.8.2023.
13. The appellants contend that since they had been absorbed as Asst.
Professors, they are deemed to have entered into the cadre of Asst. Professor and
as per Clause 5 (A) (i) and (ii) of a Notification dt.27.12.2019 issued by the
Higher Education Department of the Govt. of Tripura r/w clause 19.1 (i) and (ii)
of UGC (Minimum Qualification for Appointment of Teachers and other
Academic Staff in universities and Colleges and other measures for maintenance
of Standards in Higher Education) Regulations , 2018 (for short UGC
Regulations’), Ph.D holders should get 5 advance increments and M.Phil holders
should get 2 advance increments.
14. Clause 5 (A) (i) and (ii) of a Notification dt.27.12.2019 issued by the
Higher Education Department of the Govt. of Tripura state:
“5A. (i) Five non compoundable advance increments shall be admissible
at the entry level of recruitment as Asst. Professor to persons possessing the
degrees of Ph.D awarded in a relevant discipline by the University following the
process of admission, registration, course work and external evaluation as
prescribed by UGC.
(ii) M.Phil degree holders at the time of recruitment to the post of Asst. Professor
shall be entitled to two non-compounded advance increments ”
15. The respondents contend that though the appellants possess the Ph.D
and M.Phil degree, since they did not fulfil the other required academic
qualification and going through a specific selection process via Public Service
Commission regarding suitability and merit of the candidate following the
2026:THC:1477-DB Page 6 of 11
TRHC010015572026
recruitment Rules of Asst. Professor, they cannot get the 5 increments/ 2 advance
increments as per the above UGC Regulations and they would be get only 3
advance increments/1 advance increments only. They rely on clause 5A (iv) (a) of
the Notification dt.27.12.2019 of the State of Tripura r/w clause 19.1 (iv) (a) and
(vii) of the UGC Regulations, 2018.
16. Clause 5A (iv) (a) of the Notification dt.27.12.2019 of the State of
Tripura states:
“5A (iv) (a) Teachers who complete their Ph.D degree while in service
shall be entitled to three non-compoundable increments fixed at increment
applicable at entry level only if such Ph.D is in a relevant discipline of the
discipline of employment and has been awarded by a university complying with
the process prescribed by the UGC for enrolment, course work, evaluation etc .
(vii) Teachers who acquire M.Phil Degree or a post graduate degree in a
professional course recognised by the relevant Statutory Body/Council, while in
service, shall be entitled to one advance increment .”
17. The learned single Judge, in the impugned judgment, accepted the
plea of the respondents and held that the appellants are not entitled to claim 5 (for
Ph.D holders) / 2 ( for M.Phil holders) advance increments.
18. He held that the appellants cannot compare themselves with Asst.
Professors who were appointed through the Tripura Public Service Commission
by following recruitment rules of Asst. Professor under the Higher Education
Deptt. According to him, they had been absorbed as Asst. Professors under a
scheme framed by the State government pursuant to directions given by this
2026:THC:1477-DB Page 7 of 11
TRHC010015572026
Court and that they were in-service candidates and hence cannot get benefit of 5 /
2 advance increments.
19. Assailing the same, these Appeals have been preferred by the
appellants.
Consideration by this Court .
20. We may point out the object of acquisition of Ph.D/M. Phil
qualification under a faculty improvement programme is to provide opportunities
to the teachers working in the colleges to keep themselves abreast with the
developments in the field of study and research, and to enhance their professional
competency as teachers. Thus acquisition of Ph.D./M. Phil degree is undoubtedly
related to maintenance of the standards in Higher Education.
21. The fact that the appellants acquired Ph.D / M.Phil degree after
joining service cannot be treated as a disqualification to disentitle them to get the
benefit of 5 advance increments/2 advance increments because one cannot over-
look the importance of retaining such a talented college teacher.
22. Moreover, no condition had been imposed when the appellants were
allowed to pursue Ph.D/M.Phil course while in service that on completion of the
said study program, no financial benefits shall be granted.
23. In our opinion, the UGC and the State have tried to create an
artificial distinction, which has no logic or justification. There is no reason why
the Asst. Professors cannot be given the benefit of five advance increments if they
are Ph.D holders and two advance increments if they have an M.Phil.
2026:THC:1477-DB Page 8 of 11
TRHC010015572026
24. The undertaking of the higher study or research for both categories
of Asst. Professors is ultimately aimed at helping them become more informed
and better teachers. The study/research undertaken by both the class of Asst.
Professors (whether they got Ph.D/M.Phil and then became Asst. Professors or
they got Ph.D/M.Phil while working as PG Teachers like appellants) would be
of similar required quality with the ultimate aim of providing better education to
the students and thus serving public interest.
25. In our opinion, Asst. Professors who acquired higher qualification of
Ph.D during service and those who possessed that before their recruitment form
one class of teachers. To create a distinction between the two based on how they
became Asst. Professors or when they secured the Ph.D, smacks of arbitrariness
and is discriminatory. This distinction is based on an un-intelligible differentia
and has no nexus with the object i.e., to achieve excellence of education.
26. Same logic would also apply to Asst. Professors who acquired higher
qualification of M. Phil during service and those who possessed that before their
recruitment. They also in our opinion form one class of teachers.
27. Once they come into the cadre of Asst. Professors, whether by
absorption or by recruitment, their birth mark in cadre loses significance and the
former cannot be treated inferior to the latter and given lesser service benefits. It
would be violative of Art.14 to classify them on basis of their birthmark in the
cadre of Asst. Professors.
2026:THC:1477-DB Page 9 of 11
TRHC010015572026
1
28. In Col. A.S. Iyer v. V. Balasubramanyam , Krishna Iyer, J. held
that there cannot be a valid classification on the basis of birthmarks of members
of a cadre. He declared:
“45. Let us eye the issue from the egalitarian angle of Articles 14 and 16.
It is trite law that equals shall be treated as equals and, in its application to
public service, this simply means that once several persons have become
members of one service they stand as equals and cannot, thereafter, be
invidiously differentiated for purposes of salary, seniority, promotion or
otherwise, based on the source of recruitment or other adventitious factor.
Birthmarks of public servants are obliterated on entry into a common pool and
our country does not believe in official casteism or blue blood as assuring
preferential treatment in the future career. The basic assumption for the
application of this principle is that the various members or groups of recruits
have fused into or integrated as one common service. Merely because the sources
of recruitment are different, there cannot be apartheidisation within the common
service .” (emphasis supplied)
2
29. This principle was also followed in Union of India v. Atul Shukla .
The Supreme Court held therein:
“25. In the case at hand, Group Captains constitute one rank and cadre.
The distinction between a Group Captain (Select) and Group Captain
(Timescale) is indicative only of the route by which they have risen to that rank.
Both are promotees. One reaches the rank earlier because of merit than the other
who takes a longer time to do so because he failed to make it in the three chances
1
(1980) 1 SCC 634
2
(2014)10 SCC 432
2026:THC:1477-DB Page 10 of 11
TRHC010015572026
admissible to them. The Select Officers may in that sense be on a relative basis
more meritorious than Timescale Officers. But that is bound to happen in every
cadre irrespective of whether the cadre comprises only directly recruited officers
or only promotees or a mix of both. Inter se merit will always be different, with
one officer placed above the other. But just because one is more meritorious than
the other would not by itself justify a different treatment much less in the matter
of age of superannuation.”
30. There is also one other dimension. Senior teachers cannot be denied
the benefit of aforesaid advance increments merely because they obtained
Ph.D/M. Phil degree after their absorption, while granting the benefit of said
increments to persons who are otherwise juniors on the ground that they got the
said qualifications before they joined service. This will result in a senior getting
lesser pay than his junior though being a part of the same class of teachers. Such
discrimination between them would be violative of Art.14 of the Constitution of
India and arbitrary.
31. In our opinion, how the appellants became Asst. Professors is not
relevant and the birthmark loses significance when they join the cadre of Asst.
Professors. When they entered the service on absorption as Asst. Professors, they
have to be treated on par with those who had got selected as Asst. Professors after
they secured Ph.D/M.Phil.
32. So we hold that the respondents erred in treating the appellants,
though they are also Ph.D/M.Phil holders and are Asst. Professors, differently by
giving them lesser number of increments merely because they had secured the
said qualification while in service and had been absorbed in the said post, while at
2026:THC:1477-DB Page 11 of 11
TRHC010015572026
the same time giving more advance increments to Asst. Professors who secured
the Ph.D/M.Phil before they joined service by way of selection through the
Tripura Public Service Commission.
33. Therefore the Writ Appeals are allowed; the common judgment
dt.6.7.2026 of the learned single Judge in W.P.No.255 and 256 of 20264 is set
aside; and the said Writ Petitions are allowed. The respondents are directed to
allow to appellants in WA.No.87 of 2026 the benefit of 5 non-compoundable
advance increments and to appellants in WA No.88 of 2026 the benefit of two
non-compoundable advance increments from the respective dates they were
absorbed as Asst. Professors. The differential amount shall be paid to them within
8 weeks. Any recoveries made from any of the appellants shall be stopped
forthwith and the amount recovered be refunded to the said party within 8 weeks.
All other interlocutory applications, if any, shall stand disposed of.
(S. DATTA PURKAYASTHA), J (M. S. RAMACHANDRA RAO), CJ
PULAK BANIK
Digitally signed by PULAK BANIK
Date: 2026.11.11 14:53:27 +05'30'