Biswajit Deka and 3 Ors v. The State of Assam and 2 Ors

ORDER Date : 27.09.2023

Heard Mr. A. Roshid, learned counsel for the petitioners and Mr. U. Sarma, learned counsel for the respondents in the Secondary Education Department of the Government of Assam.

¶2The petitioners herein who are serving as Subject Teachers/Assistant Teachers in the respective secondary schools and were appointed prior to

03.07.2012, had acquired B.Ed. degree. Upon acquiring B.Ed. degree, the petitioners were granted one advance increment as per the order dated

25.06.2021. But, by the impugned order dated 06.10.2021 of the In-charge Page No.# 3/4 Inspector of Schools, BDC, Barpeta, one advance increment given to the petitioners was cancelled until further orders. Being aggrieved this writ petition is instituted.

¶3By our earlier order dated 13.09.2023, we required the respondents in the Secondary Education Department to inform the Court as to whether any notice was issued to the petitioners by giving them an opportunity of hearing prior to the order of cancellation of one advance increment.

¶4Mr. U. Sarma, learned counsel for the respondents in the Secondary Education Department upon obtaining information from the department has informed the Court that no such notice was given to the petitioners.

¶5Admittedly by the order dated 25.06.2021, upon the petitioners being given one advance increment, a legal right had been accrued to them for enjoying the benefit of the one advance increment. If the respondents are of the view that the one advance increment was incorrectly given, the option open would be to at least give a notice to the petitioners along with a hearing before passing any order of cancellation of the legal right obtaining the one advance increment.

¶6As no notice had been given to the petitioners, we are of the view that the impugned order dated 06.10.2021 is vitiated for being issued in violation of the principles of natural justice.

¶7Accordingly, the order dated 06.10.2021 cancelling the one advance increment to the petitioners is set aside. However, if so advised, the respondents may proceed against the petitioners by serving a notice and giving an opportunity of hearing if the respondents are of the view that the one advance increment was given to the petitioners when they were not entitled for the same under the law. Page No.# 4/4 Writ petition stands disposed of as indicate above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010176962021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5703/2021o BISWAJIToDEKAoANDo3oORSo S/O-oLT.oHAHIRAMoRAMoDEKA,oASSTT.oTEACHER,oNAVAJYOTIoHIGHo SCHOOL,oSARTHEBARI,oDOA-o05.03.1992,oR/O-oVILL-oBAPUJIoNAGAR,oP.O.o ANDoP.S.oSARTHEBARI,oDIST.-oBARPETA,oPIN-o781307 2:oTANKESWARoNATH oS/O-oLT.oUMESHoCH.oNATH oASSTT.oTEACHER oSARTHEBARIoHIGHERoSECONDARYoSCHOOL oSARTHEBARI oDOA-o28.03.1992 oR/O-oVILLoANDoP.O.oGAHIYA oP.S.oSARTHEBARI oDIST.-oBARPETA oPIN-o781311 3:oDILIPoKUMARoNATH oS/O-oLT.oDEBENDRAoNATH oASSTT.oTEACHER oMADHYAoSARUKHETRIoHIGHoSCHOOL oDOA-o30.03.1992 oR/O-oVILLoANDoP.O.oBARKAPALA oP.S.oSARTHEBARI oDIST.-oBARPETA oPIN-o781307 4:oKH.oAMINURoRAHMAN oS/O-oLT.oKH.oAZIZURoRAHMAN oASSTT.oTEACHER oGAHIYAoHIGHoSCHOOL oDOA-o12.11.2009 oR/O-oVILL-oBALARoBHITA oP.O.oDABALIAoPARA oDIST.-oBARPETA Page No.# 2/4 PIN- 78131 VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., ASSAM CIVIL SECRETARIAT, DISPUR, GHY-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN- 781019 3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA PIN- 78130 Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA