Gauhati High Court
Page No.# 1/5 vs The State Of Asssam And 2 Ors on 30 July, 2021
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GAHC010104622021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3421/2021
GITANJALI MEDHI AND 11 ORS
W/O- SRI GANGADHAR KALITA, R/O- MEDICAL ROAD, WARD NO. 3,
PATHSALA, P.O. PATHSALA, DIST.- BAJALI (BARPETA) ASSAM, PIN- 781325
2: KANAK CHANDRA KALITA
S/O- LT. KAMALESWAR KALITA
R/O- PATHSALA
WARD NO.3
PATHSALA
P.O. PATHSALA
DIST.- BAJALI (BARPETA) ASSAM
PIN- 781325
3: SAFIUR RAHMAN
S/O- LT. JABED ALI
R/O- ATA
P.O. SARUPETA
DIST.- BARPETA
ASSAM
PIN- 781352
4: GURUPAD SARMA
S/O- SRI PARESH CH. SARMA
R/O- PATHSALA
WARD NO.8
PATHSALA
P.O. PATHSALA
DIST.- BAJALI (BARPETA) ASSAM
PIN- 781325
5: BENUDHAR TALUKDAR
S/O- LT. BHADRESWAR TALUKDAR
R/O- KURBALA
P.O. TUPLAI PANBARI
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DIST.- BAJALI (BARPETA)
ASSAM
PIN- 781329
6: JOHURA KHATUN
W/O- HABIBUR RAHMAN
R/O- SOILMARI
P.O. CHIKNI
DIST.- BARPETA
ASSAM
PIN- 781321
7: NIZAMUDDIN AHMED
S/O- MD. RAKMAT ALI
R/O- GOBINDAPUR
P.O. SITOLI
DIST.- BARPETA
ASSAM
PIN- 781308
8: DILIP KUMAR BARMAN
S/O- LT. TARANATH BARMAN
R/O- BHOGPUR (CHAMATAPARA)
P.O. BHALAGORI
PIN- 781318
DIST.- BAJALI (BARPETA)
ASSAM
9: MD. EQRAMUL RASUL
S/O- KHOWAJ UDDIN AHMED
R/O- KAPOHA
P.O. BARPALLY
DIST.- BARPETA
PIN- 781314
10: TARIK UDDIN AHMED
S/O- KHALIL UDDIN AHMED
R/O- DAISINGARI
P.O. DAISINGARI
DIST.- BARPETA
ASSAM
PIN- 781329
11: KABUL KALITA
S/O- LT. PABITRA KALITA
R/O- BHAWANIPUR
P.O. BHAWANIPUR
DIST.- BAJALI (BARPETA)
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ASSAM
PIN- 7781352
12: MD. GOLAM MUSTAFA
S/O- IDRISH ALI AHMED
R/O- HOWLY TOWN
WARD NO.3
DIST.- BARPETA
ASSAM
PIN- 78131
VERSUS
THE STATE OF ASSSAM AND 2 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
P.O. AND P.S. BARPETA
DIST.- BARPETA
ASSA
Advocate for the Petitioner : MR J ISLAM
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 30-07-2021
Heard Mr. J. Islam learned counsel for the petitioners, Mr. S.M.T. Chistie,
learned counsel for the respondents No.1, 2 and 3 being the authorities in the
Secondary Education Department of the Government of Assam.
2. The petitioners herein are all serving as Assistant Teachers/Subject
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Teachers in different High Schools and Hish Madrassa of Barpeta District 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
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. S.M.T. Chistie, learned counsel for the authorities under the Secondary
Education Department, Assam does 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 Barpeta district 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
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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.
9. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
