Bhaben Sahariah and 2 Ors v. The State of Assam and 4 Ors

ORDER

01.05.2024

Heard Mr. S. Ali, learned counsel for the petitioners. Also heard Ms. D. Mushahary, learned Standing Counsel, Secondary Education Department and Mr. S.R. Rabha, learned Standing Counsel, BTC. The instant writ petition is taken up for disposal at the motion stage itself. The case of the petitioners herein is that the petitioners are the Assistant Page No.# 3/4 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 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 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. 4 & 5 herein. Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit the fresh representation to the Page No.# 4/4 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. The respondents will verify the individual claims of the petitioners 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 Education, Bodoland Territorial Autonomous Council 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 petitioners. The writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010083842024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2267/2024o BHABENoSAHARIAHoANDo2oORSo ASSISTANToTEACHER,oBORKOLAoHIGHoSCHOOL,oS/O-oLATEoKANAKo SAHARIAH,oR/O-oVILLAGE-oKALITAoPARA,oP.O.oBORKOLAoCHOWKA,o DISTRICT-oUDALGURI,oASSAM,oPIN-o784125 2:oMUKUToALI oASSISTANToTEACHER oBHOLABARIoHIGHoSCHOOL oS/O-oSIRAJoALI oR/O-oVILLAGEoANDoP.O.oBAHMALLA oDISTRICToUDALGURI oASSAM oPIN-o784522 3:oKABINoKALITA oASSISTANToTEACHER oYOGIoSATYANANDAoGIRLSoHIGHoSCHOOL oR/O-oVILLAGE-oNO.2oGURESWAR oP.O.oGURESWAR oPIN-o781366 oDISTRICT-oBAKSA oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEDUCATIONo(SECONDARY)oDEPARTMENT,o DISPUR,oGUWAHATI-o781006 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o19 Page No.# 2/4 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL AUTONOMOUS COUNCIL KOKRAJHAR PIN- 788819 DISTRICT KOKRAJHAR ASSAM 4:THE INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI DISTRICT- UDALGURI ASSAM PIN- 781104 5:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR DISTRICT- BAKSA ASSAM PIN- 78137 Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA