Bimal Dulakasharia v. The State of Assam and 2 Ors

ORDER

17.05.2024 Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Secondary Education. The instant writ petition is taken up for disposal at the motion stage itself. The case of the petitioner herein is that the petitioner is the Assistant Teachers having B.Ed. Degree therefore entitled to one advance increment which however been denied to the petitioner. The learned counsel for the petitioner 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 29.07.2021 passed in WP(C) No.3384/2021. Taking 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 petitioner has 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 petitioner 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. 3 herein. Considering the above, this Court disposes of the writ petition thereby Page No.# 3/3 directing the petitioner herein to submit a 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 petitioner has obtained B.Ed. Degree from UGC recognized university and NCTE approved B.Ed. Colleges and have joined before

03.07.2012. The respondents will verify the claim of the petitioner and only if they satisfy the requirements specified under the communication dated

21.07.2016 issued by the Joint Director, Secondary Education Department, Kahilipara to all the Inspectors of Schools specifying the conditions for grant of one advanced increment for acquiring B.Ed. Degrees. The matter be decided by the Director of Secondary Education, Assam, Kahilipara within a period of 60 (sixty) days from the date of receipt of a certified copy of this order and any such order that is passed, copy thereof be served on the petitioner. The writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010083812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2250/2024o BIMALoDULAKASHARIAo ASSISTANToTEACHER,oNOWBOICHAoHIGHoSCHOOL,oVILL-oBOKANADI,o P.O.oSONAPUR,oDIST.oLAKHIMPUR,oASSAM,oPIN-o784160. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEDUCATIONo(SECONDARY)oDEPARTMENT,o DISPUR,oGUWAHATI-781006. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoINSPECTORoOFoSCHOOLS oLAKHIMPURoDISTRICToCIRCLE oLAKHIMPUR oDIST.oLAKHIMPUR oASSAM oPIN-o781104o AdvocateoforotheoPetitionerooooo:oMR.oSoAlio AdvocateoforotheoRespondento:oSC,oSEC.oEDU.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA