Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 3 Ors on 26 October, 2021
Page No.# 1/4
GAHC010005242021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/299/2021
DEBEN NARZARY AND 3 ORS
S/O- KHAGEN NARZARY, R/O- JOOR PUJHURI, P.O. HATIGARH,
MANGALDOI, DIST.- UDALGURI, PIN- 784160, ASSAM
2: GAUTAM KUMAR RABHA
S/O- NABIN SARANIA
R/O- VILL- GHOGAPARA
P.O. BHERGAON
MANGALDOI
DIST.- UDALGURI
ASSAM
3: KARNA RAM BARO
S/O- SRI HARESWAR BARO
VILL- MAHALIAPARA
P.O. BHERGAON
DIST.- UDALGURI
ASSAM
4: RAJIV SARMAH
S/O- DURGADHAR SARMAH
R/O- VILL- SSUB MAHALIAPARA
P.O. BAMLAKHAT
DIST.- UDALGURI
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY ITS PRINCIPAL SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GHY-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
Page No.# 2/4
KAHILIPARA
GHY-19
3:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
4:THE INSPECTOR OF SCHOOLS
UDALGURI DISTRICT CIRCLE
UDALGURI
ASSA
Advocate for the Petitioner : MR. U J SAIKIA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 26-10-2021
Heard Mr. B Purkayastha, learned counsel for the petitioners, Mr.
S.M.T. Chistie, learned counsel for the Secondary Education Department of
the Government of Assam and Mr. S. Bora, learned counsel appearing for
the respondent BTC.
2. The petitioners are all serving as Subject Teachers/Assistant Teachers in their
respective Secondary Schools and were appointed prior to 03.07.2012. The
detail particulars of the petitioners are extracted below:
SL. NO. Name of Name of Date Year of
Schools incumbent joining passing
s with B.Ed
designatio degree
n
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1. Balipara Sri Deben 20/11/199 2019
Krishak Narzary, 9
Mukti High A/T
School
2. Khoirabari Sri Karna 11/12/201 2019
School
3. Jhargaon Sri Rajib 11/12/201 2019
High Sarmah, 0
School A/T
4. Bhergaon Sri Gautam 18/05/199 2019
Uchha Kr. Rabha, 9
Vidyapith A/T
3. All the petitioners in course of their services had acquired the B.Ed degree
from recognized institutes/universities. The petitioners rely upon a
communication dated 21.07.2016 from the Joint Director of Secondary
Education, Assam addressed to all the Inspector of Schools. The communication
provides that as per the order dated 16.02.2016 in WP(C) No.6241/2015, all
Assistant Teachers who have B.Ed degree are eligible to get their one advance
increment provided the person concerned had joined before 03.07.2012 and had
obtained the B.Ed degree from a UGC recognized University and NCTE approved
B.Ed college. It is also stated that the issue as regards the entitlement of an
advance increment had been decided by this Court in its judgment dated
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18.07.2019 in WP(C) No.8245/2018, wherein a direction was issued to the
respondent authorities in the manner as extracted below:-
"10. Accordingly, the present petition is disposed of by directing the
respondent authorities to verify the
claim of the petitioners that they fulfil the aforesaid two conditions
mentioned in the said Circular dated
21.07.2016. If it is found that they do satisfy the said conditions, they
should be given the benefit as given to others.
4. As the petitioners are also similarly placed, we also issue a similar direction
directing the respondent authorities to verify the claim of the petitioners that
they fulfil the two conditions provided in the communication dated 21.07.2016
and if they do satisfy the two conditions, they be given the benefits as given to
other similarly situated persons.
5. The requirements be done within a period of two months from the date of
receipt of a certified copy of this order.
The writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
