Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 3 Ors on 29 July, 2021
Page No.# 1/6
GAHC010105362021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3384/2021
BABURAM BRAHMA AND 14 ORS
SUBJECT TEACHER, UDALGURI GIRLS H.S SCHOOL, UDALGURI, S/O
GUNUKANTA BRAHMA
VILLAGE NO. 2, GORAIBARI, PO GORAIBARI, DIST AND PS UDALGURI
(BTR) 784509, ASSAM
2: MWFLAM BRAHMA
SCIENCE TEACHER
JOY BHADRA HAGJER MEMORIAL HIGH SCHOOL
ROWTA
S/O LATE RABIRAM BRAHMA
VILLAGE BALISIHAGAON
PO ROWTA CHARIALI
DIST AND PS UDALGURI (BTR)
784508
ASSAM
3: KULSUM AHMED
SCIENCE TEACHER
LAILANGPARA HIGH SCHOOL
ROWTA
W/O MOFIZ UDDIN
TOWN WARD NO. 3
NIMTOLI
PO GHONSHIMULI
DIST DARRANG
784115
4: DIBAKAR CHAKRABORTY
SANSKRIT TEACHER
LILANANDA BIDYANIKETAN HIGH SCHOOL
BARJHAR BAZAR
S/O LATE REBOTI MOHAN CHAKRABORTY
VILLAGE NETAJI NAGAR
Page No.# 2/6
WARD NO. 3
KHARUPETIA
PO KHARUPETIA
DIST DARRANG
ASSAM 784115
5: PRABIR DEY
SCIENCE TEACHER.
LILANANDA BIDYANIKETAN HIGH SCHOOL
BARJHAR BAZAR
S/O LATE SAILESH DEY
VILLAGE WARD NO. 2
NH15 KHARUPETIA
PO KHARUPETIA
DIST DARRANG
ASSAM 784115
6: ABDUL MALIK
ASSISTANT TEACHER
DALONG GHAT H.S SCHOOL
DALONG GHAT
S/O LATE HABIBAR RAHAMAN
VILLAGE NIZ BARAMPUR
BARAMPUR
DIST DARRANG
ASSAM 784144
7: LANKESWAR BAISHYA
ASSISTANT TEACHER
PACHIM SILPOTA HIGH SCHOOL
NAHARBARI
S/O LATE HARAKANTA BAISHYA
VILLAGE NAHARBARI
PO BHOLABARI
DIST UDALGURI
BTR
ASSAM
784525
8: HIRAN KUMAR SARMAH
ASSISTANT TEACHER
MAUGAON MILAN HIGH SCHOOLMAUGAON
S/O MADHAB SARMAH
VILLAGE CHARANPARA
PO PURANI TANGLA
DIST UDALGURI BTR
ASSAM 784528
Page No.# 3/6
9: ARPANA NARZARI
SUBJECT TEACHER
UDALGURI GIRLS H.S SCHOOL
UDALGURI
D/O SURENDRA NARZARI
VILLAGE GOLONDIHABI
PO UDALGURI
DIST UDALGURI BTR
ASSAM 784509
10: PRAMILA KHAKLARY
ASSISTANT TEACHER
TANGLA GIRLS HIGH SCHOOL
TANGLA
W/O ROMEN BASUMATARY
VILLAGE WARD NO. 3 TANGLA TOWN
PO TANGLA
DIST UDALGURI
BTR
ASSAM
784521
11: JITESH MOCHAHARY
SUBJECT TEACHER
SEKHAR SANKARDEV MISSION H.S SCHOOL
DIMAKUCHI
S/O MR HAJRAO MOCHAHARY
VILLAGE NAGACHUBA
PO PASCHIM PATALA
DIST UDALGURI
BTR
ASSAM
784526
12: UPEN BAGLARY
SUBJECT TEACHER
SEKHAR SANKARDEV MISSION H.S SCHOOL
DIMAKUCHI
S/O LATE KANTI RAM BAGLARY
VILL NO. 1 DAROGACHUBA
PO PASCHIM PATALA
DIST UDALGURI BTR
ASSAM 784526
13: KAMAL KR. BASUMATARY
ASSISTANT TEACHER
SEKHAR SANKARDEV MISSION H.S SCHOOL
DIMAKUCHI
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S/O LATE NAGEN BASUMATARY
VILLAGE GERUAPARA
PO PASCHIM PATALA
DIST UDALGURI
BTR
ASSAM
784526
14: DEBEN NARZARY
ASSISTANT TEACHER
BALIPARA KRISHAK MUKTI HIGH SCHOOL
S/O LATE KHAGEN NARZARY
TANGLA TOWN
WARD NO. 1 PO TANGLA
784521
DIST UDALGURI
(BTR) ASSAM
15: RAJIB SARMAH
ASSISTANT TEACHER
JHARGAON HIGH SCHOOL
S/O SRI DURGA DHAR SARMA
VILLAGE SUBMAHALIAPARA
PO BARALAKHAT
784522 DIST UDALGURI BTR
ASSA
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
ASSAM 788819
4:THE INSPECTOR OF SCHOOLS
UDALGURI DISTRICT CIRCLE UDALGURI ASSAM 78110
Advocate for the Petitioner : MR. S Ali
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Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
29.07.2021
Heard Mr. S Ali, learned counsel for the petitioners, Mr. B Choudhury,
learned counsel for the respondent Nos. 3 and 4 as well as Mr. R Mazumdar,
learned counsel for the respondent Nos. 1 and 2 being the authorities in the
Secondary Education Department, Government of Assam.
2. The petitioners herein are all serving as Assistant Teachers/Subject
Teachers in different High and Higher Secondary Schools in the State and in
course of their employment they had acquired their higher qualification of B.Ed
degree from UGC recognized Universities and Colleges approved by the NCTE.
3. In the circumstance, the petitioners claim for one advance increment upon
obtaining their B.Ed degree as provided in the Office Memorandum
No.FE.1/98/1 dated 07.03.1998 of the Commissioner and Secretary to the
Government of Assam in the Department of Finance. It has been brought to the
notice of the Court that the said provision was withdrawn by a subsequent
notification No.ASE.229/2013/153 dated 22.09.2014, but the same was assailed
in WP(C)No.6241/2015 and by the judgment dated 16.02.2016, the notification
withdrawing the benefit of one advance increment was interfered. In the
circumstance, the petitioners make a claim that they are entitled to a direction
for payment of one advance increment.
4. The petitioner also makes a statement that the individual petitioners have
filed representations before the Inspectors of Schools of different districts
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claiming benefit of one advance increment but the said request has not been
attended to by the concerned Inspectors of Schools.
5. In the circumstance, the limited prayer of the petitioners is that a direction
be issued to the respective Inspectors of Schools of the different districts of
Assam to consider the claim of the petitioners for one advance increment and to
pass a reasoned order on the entitlement of the petitioners.
6. Mr. B Choudhury, learned counsel for the authorities under the BTC and Mr.
R Mazumdar, learned counsel for the authorities under the Secondary Education
Department, Assam do not object to the aforesaid limited relief sought for by
the petitioners.
7. In the circumstance, this writ petition stands disposed of by directing the
respective Inspectors of Schools of different districts before whom the
petitioners have submitted their respective representations to give a
consideration to the claim for one advance increment as indicated above and to
pass a reasoned order on the same.
8. To expedite the matter, the petitioners shall file a fresh copy of the same
representations before the respective Inspectors of Schools and upon the same
being submitted the Inspectors of Schools shall pass a reasoned order thereon
within a period of 30 days of the subsequent submission of the representations.
Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
