Parsu Ram Boro and 5 Ors v. The State of Assam and 3 Ors

ORDER

18.12.2023

Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned Standing Counsel, Secondary Education Department for the respondent nos. 1 & 2 and Mr. S.R. Rabha, learned Standing Counsel, BTC, for the respondent nos. 3 & 4. 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 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 Page No.# 4/5 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. Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit the 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 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. Page No.# 5/5 The writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010263772023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6808/2023o PARSUoRAMoBOROoANDo5oORS.o S/O-oLATEoGOBINDAoBORO,oASSISTANToTEACHER,oBEZBHAGATIoHIGHo SCHOOL,oVILL.-oBEZBHAGATI,oP.O.oDALONGGHAT,oDIST.oUDALGURI,o ASSAM,oPIN-o784528. 2:oBHAGESWARIoSWARGIARY oW/O-oSRIoRAKTIMoBASUMATARY oASSISTANToTEACHER oLAILONGoPARAoHIGHoSCHOOL oVILL.-oGERUAoBAZAR oP.O.oGERUA oDIST.oUDALGURI. 3:oANILoKUMARoNATH oS/O-oLATEoTUTABHIoKR.oNATH oASSISTANToTEACHER oDALONGGHAToH.S.S. oVILL.-oMADALIGAON oP.O.oDOLANGGHAT oDIST.oUDALGURI. 4:oKAUSIKoBARUAH oS/O-oKESHABoCHANDRAoBARUAH oASSISTANToTEACHER oORANGoH.S.S. oVILL.-oCHAMUAGAON oP.O.oORANG oDIST.oUDALGURI. 5:oNABINoLAHARI oS/O-oLATEoJANGAoRAMoBORO oASSISTANToTEACHER oSEKHARoSANKARDEVoMISSIONoH.S.S. oVILL.-oNO.o1oUTTARoDIMAKUCHI Page No.# 2/5 P.O. DIMAKUCHI PIN- 784526 DIST. UDALGURI. 6: NIKHIL KR. DUTTA S/O- LATE NITYADAYAL DUTTA ASSISTANT TEACHER PANERY H.S. SCHOOL P.O. AND P.S. TANGLA DIST. UDALGURI ASSAM PIN- 784521 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-19. 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL AUTONOMOUS COUNCIL KOKRAJHAR PIN- 788819 DIST. KOKRAJHAR ASSAM 4:THE INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI DIST. UDALGURI ASSAM PIN- 781104 Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : SC, SEC. EDU. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA