Sangita Sen v. The State of Assam and 3 Ors

O R D E R

06.09.2024

Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department, Government of Assam, for respondent Nos.1 to 3.

¶2The petitioner was initially appointed as a Hindi Teacher (Junior) on

30.12.2005 in Maibong Government ME School. Thereafter, she was transferred to the Government Boys HS School, Haflong by order dated 06.06.2015 issued by the Director of Secondary Education. The petitioner received graduate pay-scale from 31.08.2007 in pursuance to an order, dated 05.02.2010, issued by the Inspector of Schools, NC Hills, Haflong. The petitioner is presently serving as Assistant Teacher in Government Boys HS School, Silchar.

¶3It is the claim of the petitioner that she obtained her B. Ed degree in the year 2015 from the Indira Gandhi National Open University (IGNOU, in short). The petitioner, therefore, claims that in terms of the Communication, dated

21.07.2016, issued by the Joint Director of Secondary Education, Assam, and addressed to the Inspector of Schools (All), she is entitled to get one advance increment for acquiring B. Ed degree.

¶4Learned counsel for the parties submits that the Coordinate Benches of this Court have also passed orders directing necessary verification in that regard Page No.# 3/4 and for passing appropriate orders if upon verification, it has been found that the petitioner have B. Ed degree. In this regard, reference has been made to the order, dated 10.03.2023, passed by this Court in WP(C) No.1202/2023.

¶5Taking into account the directions passed in the order, dated 10.03.2023, passed in WP(C) No.1202/2023 as well as the Communication, dated

21.07.2016 written by the Joint Director of Secondary Education, Assam, this Court is also of the opinion that if the petitioner has acquired B. Ed degree from the UGC recognized University and NCTE approved B. Ed college and joined the institution before 03.07.2012, the petitioner would be entitled to one advance increment. However, this aspect of the matter would require a verification to be carried out in the level of Inspector of Schools, i.e., the respondent No.3.

¶6Accordingly, this writ petition is disposed of directing the petitioner to file a fresh representation to the concerned Inspector of Schools along with a certified copy of this order within a period of ten days from today. Thereafter, the concerned Inspector of Schools shall make necessary verification as to whether the petitioner has obtained B. Ed degree from UGC recognized University and NCTE approved B. Ed college and has joined the institution before 03.07.2012 and upon verification, if it is found that the petitioner has the required qualification as mentioned in the Communication, dated 21.07.2016, the respondent-authorities shall take appropriate steps for granting one advance increment to the petitioner within a period of three months from the date of submission of the representation. Page No.# 4/4

¶7With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010180012024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4488/2024o SANGITAoSENo W/O-oGAUTAMoHALDAR,o RESIDENToOFoVIVEKANANDAoROAD,o SILCHAR,oDIST.oCACHAR,oASSAM,o PIN-o788007. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATION,o DISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoINSPECTORoOFoSCHOOLS oCDC oSILCHAR oDIST.oCACHAR oASSAM oPIN-o788001. 4:THEoPRINCIPAL oGOVT.oBOYSoH.S.oSCHOOL oSILCHAR oDIST.-oCACHAR oASSAM oPIN-o788001o Page No.# 2/4 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR Advocate for the Respondent : SC, SEC. EDU., BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR