Nirmali Rabha Narzary Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

Nirmali Rabha Narzary Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent Nos. 2 & 3 directed to take a decision on the petitioner's entitlement to an advance increment in terms of the OM dated 07.03.1998 and letter dated 21.07.2016, completing the exercise within three months of receipt of a certified copy of the order; writ petition disposed of with the consent of the parties.

Issue for consideration

Whether the petitioner, an Assistant Teacher who has acquired a B.Ed. degree from a UGC-recognized university and an NCTE-approved college, is entitled to an advance increment in terms of the OM dated 07.03.1998 and the letter dated 21.07.2016 issued by the Joint Director, Secondary Education, Assam.

Court's answer

In view of the consent of the parties, respondent Nos. 2 & 3 are directed to take a decision as to whether the petitioner is entitled to an advance increment.

Ratio / Principle

The decision on the petitioner's entitlement to the advance increment, in terms of the OM dated 07.03.1998 and letter dated 21.07.2016, is to be completed within three months from the date of receipt of a certified copy of this order.

Key takeaways

The writ petition is accordingly disposed of.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court — W.P.(C) No. 1958 of 2025 — Order dated 08.04.2025 — Michael Zothankhuma, J. Nirmali Rabha Narzary, Assistant Teacher, Danda Saharia Higher Secondary School, Rowta, Udalguri (B.T.C., Assam), claimed an advance increment on the strength of her B.Ed. degree acquired from a UGC-recognized university and an NCTE-approved college, invoking the OM dated 07.03.1998 and the letter dated 21.07.2016 issued by the Joint Director, Secondary Education, Assam. She prayed that the respondent authority verify her claim and grant the increment if found entitled. Counsel for the BTC and counsel for respondent Nos. 1 & 2 raised no objection to the prayer. With the consent of the parties, the Court directed respondent Nos. 2 & 3 (Director of Secondary Education, Assam; Director of Education, BTC) to take a decision on her entitlement to the advance increment in terms of the OM dated 07.03.1998 and the letter dated 21.07.2016, completing the entire exercise within three months of receipt of a certified copy of the order, and disposed of the writ petition accordingly.

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GAHC010069402025

2025:GAU-

AS:4301

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

Case No. : WP(C)/1958/2025

NIRMALI RABHA NARZARY

W/O- HARI NARZARY, ASSISTANT TEACHER, DANDA SAHARIA H.S. SCHOOL, ROWTA, R/O- VILL.- CHAMUAGAON, P.O. ORANG, DIST. UDALGURI, B.T.C., ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNTMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006.

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

3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN- 788819.

4:THE INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI DISTRICT UDALGURI BTC ASSA

Advocate for the Petitioner : MR. A CHOUDHURY, MR S ISLAM

Advocate for the Respondent : SC, SEC. EDU., SC, BTC

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

Date : 08.04.2025

Heard Mr. A. Choudhury, learned counsel for the petitioner, who submits that the petitioner is presently serving as an Assistant Teacher in Danda Saharia Higher Secondary School, Rowta, Udalguri. The petitioner’s case is that she is entitled to an advance increment, in terms of the OM dated 07.03.1998, as she has acquired the B.Ed. degree from a recognized University Grant Commission (UGC) and college approved by National Council for Teacher Education (NCTE).

2. The petitioner’s counsel submits that as the petitioner has acquired the B.Ed. degree, the petitioner is entitled to an advance increment, in terms of the OM dated 07.03.1998 and letter dated 21.07.2016, issued by the Joint Director, Secondary Education, Assam. He accordingly prays that the respondent authority should verify the claim of the petitioner and if it is found that the petitioner is entitled to an advance increment, in terms of the OM dated 07.03.1998 and letter dated 21.07.2016, the same should be granted to the petitioner.

3. Mr. R. K. Muchahary, learned counsel for the BTC and Mr. U. Sarma, learned counsel for the respondent Nos. 1 & 2 submit that they have got no objection to the prayer made by the petitioner’s counsel.

4. In view of the consent of the parties, the respondent Nos. 2 & 3 are directed to take a decision as to whether the petitioner is entitled to an

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advance increment, in terms of the OM dated 07.03.1998 and letter dated 21.07.2016. The entire exercise should be completed within a period of three months from the date of receipt of a certified copy of this order.

5. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant