Manoranjan Choudhury and 3 Ors v. The State of Assam and 3 Ors

ORDER Date : 19.04.2023 Heard Mr. S. Ali, the learned counsel appearing on behalf of the petitioners. Mr. P.N. Sarma, the learned Standing Counsel appears for the respondent No. 1 & 2 and Mr. B.Choudhury, the learned Standing Counsel appears for the respondent Nos. 3 & 4.

¶2The instant writ petition is taken up for disposal at the motion stage itself.

¶3The case of the petitioners herein is that the petitioners are the Assistant Teachers having B.Ed. Degree therefore entitled to one advance increment which however been denied to the petitioners. The learned counsel for the petitioners has submitted that the Co-ordinate Bench 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 29.07.2021 passed in WP(C) No.3384/2021.

¶4Taking into account the directions passed in the order dated 29.07.2021 in WP(C) No.3384/2021 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 No. 4.

¶5Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit the fresh representation to the Inspector of Schools i.e. the Respondent No. 4 herein along with a certified copy of the instant order and the 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 Page No.# 4/4 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 submission of the representation.

¶6With the above, the instant petition stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010077522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2102/2023o MANORANJANoCHOUDHURYoANDo3oORS.o ASSTT.oTEACHERoOFoBARAMAoGIRLSoHIGHoSCHOOL,o S/O-oLATEoHARICHARANoCHOUDHURY,o R/OoANDoP.O.-oBARAMA,o DISTRICT-oBAKSA,oASSAM,o PIN-o781372. 2:oRANJANoRAMCHAIARY oASSTT.oTEACHERoOFoBARBARIoNEHERUoH.S.S. o S/O-oGANAKANATAoRAMCHAIARY o RESIDENToOFoVILLAGEoANDoP.O.-oDHANBIL o DISTRICT-oBAKSA oASSAM o PIN-o781372. 3:oRANENDRAoNARAYANoBARO oASSTT.oTEACHERoOFoTAMULPURoH.S.S.oSCHOOL o S/O-oLATEoNARENoBORO o RESIDENToOFoVILLAGE-oBONGAON o P.O.-oTAMULPUR oDIST.-oBAKSA o ASSAM oPIN-o781372. 4:oMUKULoBORAH oASSTT.oTEACHERoOFoJHARGAONoH.S. Page No.# 2/4 S/O- LATE SUNANDA NATH VILLAGE AND P.O.- GHOGAPAR DISTRICT- BAKSA ASSAM PIN- 781372 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORAIL AUTONOMOUS COUNCIL KOKRAJHAR DISTRICT- KOKRAJHAR ASSAM PIN- 788819. 4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE BAKSA DIST.- BAKSA ASSAM PIN Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : SC, SEC. EDU. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH