Disposed

Jayanta Kumar Saharia and 5 Ors. v. the State of Assam and 4 Ors.

Gauhati HC5 Feb 2020WP(C)/724/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking advance increments for teachers possessing B.Ed. degrees. The court directed respondent authorities to verify if claimants joined service before the specified cutoff date and obtained degrees from recognized universities, granting benefits similar to a previous decision (WP(C) No.6150/2019) if verified.

What the court decided

AI extract

Jayanta Kumar Saharia and 5 Ors. Vs the… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010023242020

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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) 724/2020

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1:JAYANTA KUMAR SAHARIA AND 5 ORS. S/O. LT. KIRITI KANTA SAHARIA, P.O. MANGALDAI, PIN-784125, WARD NO.8, SCHOOL UTTAR MANGALDAI HIGH SCHOOL.

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2: BIRESWAR NATH S/O. LT. DUTI RAM NATH P.O. SIPAJHAR PIN-784145 VILL. PACHIM CHUBA SCHOOL- PAKADALI HIGH SCHOOL

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3: MUKUT SAIKIA S/O. LT. KAMALESWAR SAIKIA R/O. NO.2 MAZGAON P.O. DHULA PIN-784146 SCHOOL- MANGALDAI VIDYAPITH.

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4: GHANA KANTA BHATTACHARYYA S/O. LT. UMA KANTA BHATTACHARYYA VILL. PISHAKHOWA P.O. HAZARIKAPARA PIN-784145 SCHOOL- KHALIHOI ANCHALIK HIGH SCHOOL.

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5: KISHOR KUMAR SARMA BARUA S/O. SRI KAMALA KANTA SARMA BARUA VILL. UPAHUPARA P.O. MANGALDAI PIN-784125 SCHOOL- KHARUPETIA HIGHER SECONDARY SCHOOL.

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6: LOHIT CHANDRA DAS S/O. LT. GHANA KANTA DAS

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VILL. NO.1 CHENGAPARA P.O. PASHANIGHAT PIN-784144 SCHOOL- SIPAJHAR ACADEMY VERSUS

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1:THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY., GOVT. OF ASSAM, DEPTT. OF EDUCATION (SECONDARY), DISPUR, GUWAHATI, KAMRUP (M), ASSAM, 781006.

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.

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3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDAI DIST. DARRANG ASSAM PIN-784125

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Advocate for the Petitioner : MR A NATH

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Advocate for the Respondent : SC, EDU

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BEFORE

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HON'BLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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05.02.2020

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Heard Mr. A. Nath, learned counsel for the petitioners. Also heard Mr. K.P. Pathak, learned standing counsel, Education Department, appearing for respondents.

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2. The matter pertains to claim for grant of advance increments to the petitioners upon acquiring B.Ed. degree from the recognized University.

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3. It has been submitted at the bar that the present case is covered by an order dated 28.08.2019 passed by this Court in WP(C) No.6150/2019, which is extracted hereinbelow:-

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“Heard Mr. B. Kaushik, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned Standing Counsel for the Secondary Education Department.

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The matter pertains to claim for grant of one advance increment to the petitioners upon acquiring B.Ed. degree from the recognized University.

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It has been submitted that the State Government had taken a policy decision to grant of one advance increments who acquired B.Ed. degree from the recognized University as evident from the official communication dated 28.01.2019 issued by the Director of Secondary Education, Assam (Annexure-5 to the writ petition) in which it has been mentioned that all Asst. Teachers are eligible to get 1(one) Advance increments upon acquiring B.Ed. Degree from UGC Recognized University also provided that he/she had joined service before 03.07.2012.

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It is the case of the petitioners that the petitioners had joined service prior to 03.07.2012 and had obtained B.Ed. degree from the recognized Universities as such they are entitled to one advance increment.

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As regards these claim made by the petitioner, Mr. R. Mazumdar, learned Standing Counsel for the Secondary Education Department submits that it needs to be verified as to whether the petitioners had joined service before 03.07.2012 as they were all provincialised teacher and as such the actual date of joining of service on provincialization would be required to be ascertained and also as to whether they have obtained B.Ed. degree from the recognized Universities.

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After hearing learned counsel for the parties and perusal of the materials available on record, the present petition is disposed of by directing the respondent authorities to verify the claim of the petitioners that they had joined service before 03.07.2012 and they had obtained B.Ed. degree from the recognized Universities. If it is found that they entered service before 03.07.2012 and they had obtained B.Ed. degree from the recognized Universities, they shall be granted one advance increments, which exercise shall be undertaken by the authorities within a period of 3(three) months from the date of receipt of a certified copy of this order.”

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4. Learned standing counsel for the Education Department, Mr. Pathak also fairly submits that if this decision is covered, he would have no objection and similar relief will be granted to the petitioners after making necessary verification.

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5. In view of the above, the present petition is disposed of directing the respondent

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authorities to examine the case of the petitioners as to whether the claim of the petitioners is covered in terms of the decision rendered in WP(C) No.6150/2019 and the authorities will pass appropriate order for grant of similar benefits, if the petitioners are covered by the aforesaid decision.

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Sd/- N. Kotiswar Singh JUDGE

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Comparing Assistant

Jayanta Kumar Saharia and 5 Ors. v. the State of Assam and 4 Ors.

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Jayanta Kumar Saharia and 5 Ors. v. the State of Assam and 4 Ors.

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