Pranjit Sarma and 10 Ors v. The State of Assam and 3 Ors

O R D E R

13.12.2023

Heard Mr. M. Kalita, learned counsel for the petitioners and Mr. N. J. Khataniar, learned Standing Counsel appearing on behalf of the Secondary Education Department. The instant writ petition is taken up for disposal at the motion stage itself. The case of the petitioner herein is that the petitioners are presently serving as Sanskirt Teacher/Assistant Teachers/Science Teachers having B.Ed. Degree and therefore entitled to one advance increment which however has been denied to the petitioners. The learned counsel for the petitioners submits that 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 has been made to the order dated

10.03.2023 passed in WP(C) No.1202/2023. Taking into account the directions passed in the order dated

10.03.2023 in WP(C) No.1202/2023 as well as the directions issued by the Joint Director of Secondary Education Department dated 21.07.2016, this Page No.# 5/5 Court is also of the view that if the petitioners have acquired the B.Ed Degree from UGC recognized universities with NCTE approved B.Ed. Colleges and joined their concerned institutions 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 No. 4 herein. Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit a fresh representation to the respondent No. 4 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 universities and NCTE approved B.Ed. Colleges and have joined in their services before 03.07.2012 and upon verification, if it is found that the petitioners have the required qualifications as mentioned in the communication dated 21.07.2016, the Respondent Authorities shall take appropriate steps for granting one advance increment to the petitioners within a period of 3 (three) months from the date of submission of the representation. The instant writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010274842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7178/2023o PRANJIToSARMAoANDo10oORSo SANSKRIToTEACHERoOFoBARBARIoNEHRUoHIGHoSCHOOL,oS/OoSRIo KISHORIoSARMA,oR/OoVILL-MANKAR,oP.O.-CHARAIMARI,oP.S.- MUSHALPUR,oDIST-BAKSA,oASSAM,oPIN-781377 2:oKRISHNANoBASUMATARY oASSISTANToTEACHERoOFoSALBARIoH.S.oSCHOOL oS/OoLATEoKALICHARANoBASUMATARY oR/OoVILL-TANGABARI oP.O.oANDoP.S.-SALBARI oDIST-BAKSA oASSAM oPIN-781318 3:oRABINoKUMARoDAS oASSISTANToTEACHERoOFoSANTIMANDIRoHIGHoSCHOOL oS/OoLATEoSADANANDAoDAS oR/OoVILL-oGATI oP.O.-CHAMUAGATI oP.S.-SALBARI oDIST-oBAKSA oASSAM oPIN-781318 4:oNANDESWARoDAS oSCIENCEoTEACHERoOFoSUBANKHATAoHIGHoSCHOOL oS/OoLATEoBANAMALIoDAS oR/OoVILL-SANTIPUR oP.O.-NIZ-SANTIPUR oP.S.-BARMA oDIST-BAKSA oASSAM oPIN-781349 PageoNo.#o2/5 5:oCHATRASHARoBAISHNAB oASSISTANToTEACHERoOFoCHENGLIMARIoHIGHoMADRASSAoSCHOOL oS/OoLATEoBRAJENDRAoBAISHNAB oR/OoVILL-oPUBoUTHIAGURI oP.O.oANDoP.S.-SALBARI oDIST-BAKSA oASSAM oPIN-781318 6:oMRIGENoDAS oASSISTANToTEACHERoOFoJALAHoGIRLSoHIGHoSCHOOL oS/OoLATEoBHUBANESWARoDAS oR/OoVILL-BHEBLA oP.O.-JALAHGHAT oP.S.-SIMLA oDIST-BAKSA oASSAM oPIN-781327 7:oATULoKUMARoDAS oSANSKRIToTEACHERoOFoBAGANPARAoHIGHoSCHOOL oS/OoPRASANTAoDAS oR/OoVILL-GOALBIL oP.O.-NIZ-DHAMDHAMA oP.S.-BARMA oDIST-BAKSA oASSAM oPIN-781349 8:oGIRIDHARoKALITA oSCIENCEoTEACHERoOFoNOMATIoMAUZAoHIGHoSCHOOL oS/OoLATEoPRAFULLAoKALITA oR/OoVILL-BARKUCHIZAR oP.O.-MURMELA oP.S.-BARMA oDIST-BAKSA oASSAM oPIN-781346 9:oBABENoKUMARoDAS oASSISTANToTEACHERoOFoBAPUJIoHIGHoSCHOOL oNIMUA oS/OoLATEoDEBENDRAoDAS oR/OoVILL-PARABHARAL oP.O.-HOWLY oDIST-BAKSA oASSAM oPIN-781316 Page No.# 3/5 10: MD. JIAUR RAHMAN SCIENCE TEACHER OF BAHBARI HIGH SCHOOL S/O LATE MOFIZ UDDIN R/O VILL-KUTHURIJHAR P.O.-KALPANI BAZAR DIST-BAKSA ASSAM PIN-781315 11: ALAUDDIN ALI ASSISTANT TEACHER OF THOMNA BINAPANI HIGH SCHOOL S/O LATE HUSSAIN ALI R/O VILL AND P.O.-AHOPA P.S.-MUSHALPUR DIST-BAKSA ASSAM PIN-78136 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI, PIN-781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI DIST-KAMRUP (M) ASSAM PIN-781019 3:THE DIRECTOR OF EDUCATION B.T.C. KOKRAJHAR BTR ASSAM PIN-783370 4:THE INSPECTOR OF SCHOOLS BAKSA DIST-BAKSA ASSAM PIN-78134 Advocate for the Petitioner : MR. M KALITA Page No.# 4/5 Advocate for the Respondent : SC, SEC. EDU. BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA