Nirada Kalita and 4 Ors v. The State of Assam and 3 Ors

ORDER Date : 20.03.2023

Heard Mr. P. Zaman, the learned counsel appearing on behalf of the petitioners and Ms. D. Mushahary, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2, 3 and 4.

¶2The case of the petitioners herein is that the petitioners are the Assistant Teachers having B.Ed. Degree therefore entitled to one advance increment Page No.# 4/5 which however been denied to the petitioners. The learned counsel for the petitioners has submitted that the Co-ordinate Benches of this Court have also passed orders directing necessary verification in that regard and for passing appropriate orders if upon verification it has been found that the petitioners have the B.Ed. Degree in question. In that regard, reference have been made to the order dated 10.03.2023 passed in WP(C) No.1202/2023.

¶3Taking into account the directions passed in the order dated 10.03.2023 in WP(C) No.1202/2023 as well as the directions issued by the Joint Director of Secondary Education Department dated 21.07.2016, this Court is also of the opinion that if the petitioners have acquired the B.Ed. Degree from UGC recognized university with NCTE approved B.Ed. Colleges and joined the institution before 03.07.2012, then the petitioners would be entitled to one advance increment. This aspect of the matter however would require a verification to be carried out in the level of Inspector of Schools i.e. respondent Nos. 3 and 4 herein.

¶4Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit the fresh representation to the concerned Inspector of Schools along with a certified copy of the instant order and the concerned Inspector of Schools thereupon shall make necessary verification as to whether the petitioners have obtained B.Ed. Degree from UGC recognized university and NCTE approved B.Ed. Colleges and have joined before

03.07.2012 and upon verification if it is found that the petitioners have the required qualification as mentioned in the communication dated 21.07.2016, the respondent authorities shall take appropriate steps for granting the one advance increment to the petitioners within a period of 3 months from the date of the Page No.# 5/5 submission of the representation.

¶5With the above, the instant petition stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010026322023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/772/2023o NIRADAoKALITAoANDo4oORSo D/O-oLT.oANANDAoRAMoKALITA,oASSISTANToTEACHER,oGEETANAGARo HIGHoSCHOOL,oKAMRUPo(M),oDOJo19.06.2008,oDOAo18.06.2008,oR/O-oH/NO-23, HENGRABARIoBORBARI,oP.O.oHENGRABARI,oGHY,oDIST.-oKAMRUPo(M),o ASSAM,oPIN-o781036 2:oBIBHAoRANIoTAHBILDAR oW/O-oDIPAKoKUMARoKALITA oASSISTANToTEACHER oKAMRUPoACADEMYoHIGHERoSECONDARYoSCHOOL oKAMRUPo(M) oDOJo01-10-1994 oDOAo20-09-1994 oR/O-oH/NO-2 oGEETAoPATHSALAoLANE oGUWAHATI oNEARoHOCKEYoSTADIUM oODALBAKRA oDIST.-oKAMRUPo(M) oASSAM oPIN-o781034 3:oRUPALIoDUTTA oW/O-oPRADIPoKR.oBARMAN oASSISTANToTEACHER oPUBoGUWAHATIoADARSHAoHIGHoSCHOOL oKAMRUPo(M) oDOJo10-06-2008 oDOAo07-06-2008 oR/O-oH.NO.o4 oBARNACHALoROAD oNEARoANURADHAoCINEMAoHALL oP.O.oBAMUNIMAIDAM oGHY PageoNo.#o2/5 oDIST.-oKAMRUPo(M) oASSAM oPIN-o781003 4:oKANAKLATAoBORO oD/O-oSACHINDRAoBORO oASSISTANToTEACHER oAMBARIoH.S.oSCHOOL oFATASILoAMBARI oKAMRUPo(M) oDOJo01-08-1992 oDOAo18-06-1992 oR/O-oH.NO.o26 oRAGHUNATHoPATH oDHIRENPARA oP.O.oAMBARIoFATASIL oDIST.-oKAMRUPo(M) oASSAM oPIN-o781025 5:oSAIFUDDINoAHMED oS/O-oLT.oMUSHARRAFoHUSSAIN oASSISTANToTEACHER oMONDIAoH.S.SCHOOL oBARPETA oDOAo13-05-1992 oR/O-oVILL-oBHATKUCHIoPT-4 oP.O.oBHATKUCHI oBAGHBOR oDIST.-oBARPETA oASSAM oPIN-o781314oADDRESSoOFoCORRESPONDENCE-oC/O-oSMTI.oNIRADAo KALITA oR/O-oH/NO-23 oHENGRABARIoBORBARI oP.O.oHENGRABARI oGUWAHATI oDIST.-oKAMRUPo(M) oASSAM oPIN-o78103o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo Page No.# 3/5 REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., ASSAM CIVIL SECRETARIAT, DISPUR, GHY-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN- 781019 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001 4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE DIST.- BARPETA ASSA Advocate for the Petitioner : MR. B PURKAYASTHA Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH