Allowed

Debendra Nath Deka and 12 Ors. v. the State of Assam and 4 Ors.

Gauhati HC7 Dec 2020WP(C)/3852/2020

Case brief

AI extract

What is this about?

Serving Assistant Teachers filed a writ petition seeking an advance increment compensation under a government communication, relying on a prior judgment. The court directed the authorities to verify eligibility and grant benefits if conditions are met.

What did the court decide?

The writ petition is allowed; respondent authorities to verify claims and grant benefits as given to others within two months.

Debendra Nath Deka and 12 Ors. Vs the State of Assam… — Service and Employment | Gauhati HC (2020)

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GAHC010125222020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3852/2020

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DEBENDRA NATH DEKA AND 12 ORS. S/O LT. KARNA RAM DEKA, ASSTT. TEACHER, BEZERA HS SCHOOL, BEZERA, DOA- 21.04.1988, R/O VILL. AND P.O. BEZERA, P.S. BAIHATA CHARIALI, DIST- KAMRUP, ASSAM, PIN-781121

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2: MD. SYED USUF ALI S/O LT. ACHAD ALI ASSTT. TEACHER KACHARI MAHAL HIGH SCHOOL MADHUKUCHI DOA- 09.02.1995 R/O ATHARA P.O. PUTHIMARI P.S. RANGIA DIST- KAMRUP ASSAM PIN-781380

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3: RUPESWAR DAS S/O SRI SRIKANTA DAS ASSTT. TEACHER BORIGOG HAJO HS SCHOOL KSHUDRADIMU DOA- 21.09.1998 R/O VILL. CHANMAGURI P.S. RANGIA DIST- KAMRUP ASSAM PIN-781380

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4: BISHWAJIT DEKA S/O LT. HARIRAM DEKA ASSTT. TEACHER NAVAJYOTI HIGH SCHOOL

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SARTHEBARI DOA-05.03.1992 R/O BAPUJI NAGAR P.O. AND P.S. SARTHEBARI DIST- BARPETA ASSAM PIN-781307 5: DINA NATH KALITA S/O LT. BANGADHAR KALITA ASSTT. TEACHER DAJAON HIGH SCHOOL DAGAON DOA- 13.07.1990 R/O SAJEI P.O. DAGAON P.S. BAIHATACHARIALI DIST- KAMRUP ASSAM PIN-781133 6: TANKESWAR NATH S/O LT. UMESH CH. NATH ASSTT. TEACHER SARTHEBARI H.S. SCHOOL SARTHEBARI DOA- 28.03.1992 R/O VILL. AND P.O. GAHIYA PS. ARTHEBARI DIST- BARPETA ASSAM PIN-781311 7: DILIP KUMAR NATH S/O LT. DEBANDRA NATH ASSTT. TEACHER MADHYA SARUKHETRI HIGH SCHOOL DOA- 30.03.1992 R/O VILL AND P.O. BARKAPALA P.S. SARTHEBARI DIST- BARPETA ASSAM PIN-781307

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8: PRATUL KR. BHATTACHARYYA S/O LT. RAMCHANDRA SARMAH ASSTT. TEACHER

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RAJ KADAMTAL SONDHA HIGH SCHOOL DOA- 30.11.1999 R/O VILL AND P.O. GUWAKUCHI P.S. GHOGRAPAR DIST- NALBARI ASSAM PIN-781369 9: SANJOY KUMAR DEKA S/O LT. KAMINI KANTA DEKA ASSTT. TEACHER KHEHENIPARA GIRLS' HIGH SCHOOL DOA- 23.07.2004 R/O VILL ALTA P.O. BEZERA P.S. BHAIHATA CHARIALI DIST- KAMRUP ASSAM PIN-781121 10: MD. ZAKIR HUSSAIN S/O LT. SADULLA ALI ASSTT. TEACHER MODARTALA VIDYAPITH HIGH SCHOOL DOA- 23.07.2004 R/O VILL. KHAIRAPARA SIMILIBARI P.O. MANDAKATA P.S. BAIHATA CHARIALI DIST- KAMRUP ASSAM PIN-781121 11: MD. NUR UDDIN AHMED S/O LT. MAIN UDDIN ASSTT. TEACHER BARBARIJHAR HIGH SCHOOL DOA-02.04.1993 R/O VILL. AND P.O. DABALIAPARA P.S. HOWLY DIST- BARPETA ASSAM PIN-781316 12: MD. NAZRUL ISLAM S/O LT. BILLAL HUSSAIN POST GRADUATE TEACHER KAYAKUCHI H.S. SCHOOL

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DOA- 16.11.1994 R/O HOWLY TOWN W/NO.3 P.O. AND P.S. HOWLY DIST- BARPETA ASSAM PIN-781316 13: MD. KH. AMINUR RAHMAN S/O LT. KH. AZIZUR RAHMAN ASSTT. TEACHER GAHIYA HIGH SCHOOL DOA-12.11.2009 R/O BALAR BHITA P.O. DABALIA PARA DIST- BARPETA ASSAM PIN-781316 THE PETITIONERS NO.4 6 7 8 11 12 AND 13 HAVE COMMON ADDRESS OF CORRESPONDENCES C/O SRI DEBANDRA NATH DEKA R/O VILL. AND P.O. BEZERA P.S. BAIHATA CHARIALI DIST- KAMRUP ASSAM PIN-78112 VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECY., TO THE GOVT. OF ASSAM, SECONDARY EDUCATION, DEPTT., ASSAM CIVIL SECRETARIAT, DISPUR, GHY-6

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE DIST- NALBARI

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ASSAM

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4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE DIST- BARPETA ASSA

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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07.12.2020

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Heard Mr. B Purkayastha, learned counsel for the petitioners and Ms. P Chakraborty, learned counsel for the Secondary Education Department of the Government of Assam.

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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:

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Sl	Name of the Petitioners	Name of the Schools	Date of
No			appointments
1	Sri Debendra Nath Deka	Bezera HS School,Bezera	21.04.1988
2	Md. Syed Usuf Ali	Kachari Mahal High School
3	Sri Rupeswar Das	Borigog Hajo HS School,	21.09.1998
		Kshudradimu
4	Sri Bishwajit Deka	Navajyoti High School,Sarthebari	05.03.1992
5	Sri Dina nath Kalita	Dajaon High School,Dagaon	13.07.1990
6	Sri Tankeswar Nath	Sarthebari Higher Secondary	28.03.1992
		School,Sarthebari
7	Sri DilipKumar Nath	Madhya Sarukhetri High School	30.03.1992
8	Sri Pratul Kr Bhattacharyya	RajKadamtal Sondha High School	30.11.1999
9	Sri SanjoyKumar Deka	Khehenipara Girls High School	23.07.2004
10	Md. Zakir Hussain	Modartala Vidyapith High School	23.07.2004
11	Md Nur Uddin Ahmed	Barbarijhar High School	…04/1993

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12	Md. Nazrul Islam	Kayakuchi Higher Secondary	16.11.1994
		School
13	Md. Kh. Aminur Rahman	Gahiya High School	12.11.2009

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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 18.07.2019 in WP(C) No.8245/2018, wherein a direction was issued to the respondent authorities in the manner as extracted below:-

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“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.”

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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.

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The requirements be done within a period of two months from the date of receipt of a certified copy of this order.

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The writ petition stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Debendra Nath Deka and 12 Ors. v. the State of Assam and 4 Ors.

Case brief

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Debendra Nath Deka and 12 Ors. v. the State of Assam and 4 Ors.

Case brief

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