Allowed

Abul Kalam Sikdar and 3 Ors. v. the State of Assam and 2 Ors.

Gauhati HC7 Feb 2020WP(C)/769/2020

Case brief

AI extract

What is this about?

High Court disposed of writ petition regarding Assistant Science Teachers claiming advance increment for B.Ed degrees. Court followed prior decision in WP(C) no.7452/2019, directed verification of claims, and set aside impugned order.

What did the court decide?

Petition disposed; respondent authorities to verify claim for advance increment within 3 months from receipt of certified order.

Abul Kalam Sikdar and 3 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2020)

¶1

Page No.# 1/3

¶2

GAHC010017202020

¶3

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

¶4

Case No. : WP(C) 769/2020

¶5

1:ABUL KALAM SIKDAR AND 3 ORS.

¶6

S/O- ABDUL GOFUR SIKDAR, SCIENCE GRADUATE TEACHER, CHIRAKHOWA PT-II MV SCHOOL, R/O- VILL- NIZ CHIRAKHOWA, P.OKALAPANI, DIST- SALMARA MANKACHAR, ASSAM, PIN- 783135

¶7

2: MD. MOIDUL ISLAM S/O- LATE ABDUL LATID SK SCIENCE GRADUATE TEACHER NABAJYOTI ME SCHOOL VILL- DHAPABILL P.O- KALAPANI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135

¶8

3: MD. MIR KASHEM SK S/O- HASIM UDDIN MUNSHI SCIENCE GRADUATE TEACHER MALIK CHAR ME SCHOOL P.O- FULERCHAR DIST- SALMARA MANKACHAR ASSAM PIN- 783135

¶9

4: MD. ABDUL KHALEQUE LATE RIAZ UDDIN SCIENCE GRADUATE TEACHER MEDARTARI ME SCHOOL R/O- VILL- BAMUNIRVITA P.O- MEDARTARI

¶10

Page No.# 2/3

¶11

DIST- DHUBRI PIN- 78333

¶12

VERSUS

¶13

1:THE STATE OF ASSAM AND 2 ORS

¶14

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, ELEMENTARY EDUCATION DEPTT, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI- 06

¶15

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSSAM PIN- 781019

¶16

3:THE DEEO DHUBRI ASSA

¶17

Advocate for the Petitioner : MR. B PURKAYASTHA

¶18

Advocate for the Respondent : SC, ELEM. EDU

¶19

BEFORE

¶20

HON’BLE MR.JUSTICE N. KOTISWAR SINGH order

¶21

07-02-2020

¶22

Heard Mr. A.K. Dutta, learned counsel for the petitioners. Also heard Ms. N. Phukan,

¶23

learned Standing Counsel, Elementary Education Department.

¶24

Mr. A.K. Dutta, learned counsel for the petitioners, submits before this Court that the

¶25

matter is squarely covered by the decision of this Court rendered in WP(C) no.7452/2019, which was disposed of on 30.09.2019.

¶26

Learned Standing Counsel for the Elementary Education Department has no objection

¶27

Page No.# 3/3

¶28

to such consideration.

¶29

Accordingly, the present petition is disposed of with a similar direction passed by this Court in the aforesaid writ petition, which reads as follows:

¶30

“........

¶31

The matter pertains to claim for grant of one advance increment on obtaining B.Ed degree by the teachers of the State Government.

¶32

The petitioners are presently serving as Assistant Science Teachers of various M.E. Schools in Nagaon district. They all claimed that they have obtained their B.Ed degree and as such, they are entitled to advance increment in terms of the Office Memorandum dated 07.03.1998.

¶33

In view of the above, let the respondent authorities verify the claim of the petitioners and if it is found that the petitioners are entitled to the said advance increment in terms of the aforesaid Office Memorandum, they shall be granted the said benefit. The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶34

Accordingly, petition stands disposed of.

¶35

In view of above, the impugned order dated 21.08.2018 is set aside as far the petitioners are concerned. The present petition is disposed of in the light of the aforesaid direction issued to the respondent authorities to consider the case of the petitioners as per the rules within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶36

JUDGE

¶37

Comparing Assistant

Abul Kalam Sikdar and 3 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Abul Kalam Sikdar and 3 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Y. Klunjalal Singha Vs the State of Assam and 5 Ors.

Mousumi Bhattacharjee Vs the Secretary to the B.T.C. and 6 Ors.

Sri Shiva Nath Kalita Vs the State of Assam and 4 Ors.

Anima Rajbanshi Vs the State of Assam and 5 Ors.

Gerjaipam Adarsha High School and Anr. Vs the State of Assam and Anr.

Phonindra Chetri Vs the State of Assam and 5 Ors.