Inku Moni Nath and 2 Ors v. The State of Assam and 3 Ors

ORDER

19.12.2023 Heard Mr. S. Hussain, the learned counsel appearing on behalf of the petitioners and Mr. SMT Chistie, learned Standing Counsel, Secondary Education and Mr. S.R. Rabha, learned Standing Counsel, BTC. Page No.# 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/Subject 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.

¶4Taking 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 and 5 herein.

¶5Considering 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 and upon verification if it is found that the petitioners have the required qualification as mentioned in the communication dated 21.07.2016, the Page No.# 4/4 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 of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010285612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7333/2023o INKUoMONIoNATHoANDo2oORSo S/OoLILAoKANTAoNATHo LECTURER,oDEPARTMENToOFoENGLISH,oKALAGURUoBISHNUoRABHAo JUNIORoCOLLEGE,oVILL-oCHAMUAoGAON,oP.O.oORANG,oDIST.oUDALGURI,o BTR,oASSAM,oPIN-784114. 2:oMRS.oRUMIoBORAH oW/OoLATEoMAHESWARoBORAHo LECTURER oDEPARTMENToOFoEDUCATION oKALAGURIoBISHNUoRABHAoJUNIORoCOLLEGE o VILL-oCHAMUAoGAON o P.O.oORANG oDIST.oUDALGURI oBTR oASSAM oPIN--784114 3:oDRoCHINONoNARZARY oS/OoLATEoNIDARUoNARZARYo LECTURER oDEPARTMENToOFoMILo(BORO)o KALAGURUoBISHNUoRABHAoJUNIORoCOLLEGE oVILL-oCHAMUAoGAON o P.O.oORANG o DIST.oUDALGURI oBTR oASSAMo PIN-78411o Page No.# 2/4 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. 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-78110 Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA