Diganta Baishya and 4 Ors v. The State of Assam and 3 Ors

ORDER Date : 10.05.2023 Heard Mr. S. Ali, 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. I have also heard Mrs. R.B. Borah, the learned Standing counsel appearing on behalf of 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 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 22.09.2021 passed in WP(C) No.3384/2021.

¶4Taking into account the directions passed in the order dated 29.07.2021 in Page No.# 4/4 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 herein.

¶5Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit 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 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 submission of the representation.

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

PageoNo.#o1/4 GAHC010091732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2474/2023o DIGANTAoBAISHYAoANDo4oORSo S/O-oDANPATIoBAISHYA,o ASSISTANToTEACHER,o BHOLABARIoHIGHoSCHOOL,o P.O.-oBHOLABARI,oPIN-o784525,o DISTRICT-oUDALGURI,oASSAM. 2:oDIPALIoBORO oD/O-oJAYRAMoBORO o ASSISTANToTEACHER o MOUGAONoMILANoHIGHoSCHOOL o VILLAGEoANDoP.O.-oMOUGAON o DISTRICT-oUDALGURI oASSAM o PIN-o784528. 3:oSABITAoRABHA oD/O-oNANDIRAMoRABHA o ASSISTANToTEACHER o BHOLABARIoHIGHoSCHOOL o VILLAGE-oGANAKPUR o P.O.-oBHOLABARI o PIN-o784525 oDISTRICT-oUDALGURI PageoNo.#o2/4 o ASSAM. 4:oSURESHoCHANDRAoBARMAN oASSISTANToTEACHER o PACHIMoSILPOTAoHIGHoSCHOOL o VILLAGE-oNAHARBARI o P.O.-oBHOLABARI o PIN-o784525 oDISTRICT-oUDALGURI o ASSAM. 5:oNARENDRAoNATHoDEKA oASSISTANToTEACHER o MAZBAToGIRLSoHIGHoSCHOOL o VILLAGEoANDoP.O.-oMAZBAT o DISTRICT-oUDALGURI oASSAM o PIN-o784507o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o EDUCATIONo(SECONDARY)oDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoDIRECTORoOFoEDUCATION oBODOLANDoTERRITORIALoAUTONOMOUSoCOUNCIL oKOKARJHAR oPIN-o788819 o DISTRICT-oKOKRAJHAR Page No.# 3/4 ASSAM. 4:THE INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI DISTRICT- UDALGURI ASSAM PIN- 781104 Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : SC, EDU BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH