ASIM UDDIN AHMED vs THE STATE OF ASSAM AND ORS

Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Education (Elementary)

department.

The Asharikandi High School was established in the year 1964 and the school was recognized by the Govt. of Assam in the year 1982 and

subsequently provincialised w.e.f. 01.02.1985. The petitioner was appointed as a Hindi Classical Teacher (Jr.) by the Managing Committee of the

school by its Resolution No.2 dated 14.01.1981. At the time of joining, the petitioner had completed the Rastrabhasa Ratna Part-I examination

and since then, he has been discharging his duties regularly.

It is the claim of the petitioner that although he had passed the Rastrabhasa Ratna Part-I examination prior to the provincialisation of the school

on 01.02.1985, but he was not paid the salary of Sr. Grade Hindi Teacher i.e. Graduate Scale of pay till 07.02.1987.

Accordingly, in this writ petition, the petitioner makes a claim that a direction be issued to the respondent authorities granting the petitioner

Graduate Scale of Pay/Sr. Grade Hindi Teacher Pay from the date of provincialisation up to 07.02.1987 from which he was paid the said scale. A

further grievance of the petitioner is that by an Office Memorandum dated 02.02.1999 of the Commissioner & Secretary, Finance (Estt-A)

Department of the Govt. of Assam, one advance increment was made applicable to the Graduate Hindi Teachers for acquiring Hindi Shikshan

Parangat or Hindi Shikshan Nishnat degree, w.e.f. 01.08.1998. It is the claim of the petitioner that he had obtained the Hindi Shikshan Parangat

degree from the Kendriya Hindi Sikshan Mondal, Agra on 07.06.1994. Accordingly, the petitioner claims that he is entitled to an advance

increment for having the Hindi Shikshan Parangat degree.

With regard to the first claim of the petitioner, it is noticed that in the order dated 22.06.1988 of the Director of Secondary Education Assam, it

is stated that in respect of Asharikandi High School, the post of Jr. Grade Hindi Teacher in the scale of Rs.525-920 P.M. has been upgraded to

Sr. Grade w.e.f. 07.02.1987. As the school in question did not have a post of Sr. Hindi Teacher from 01.02.1985 upto 07.02.1987, therefore,

the claim of the petitioner for a Graduate Scale of Pay/Sr. Grade Pay for the said period cannot be accepted. With regard to the other claim of the

petitioner that he is entitled to one advance increment, it is noticed that as per office memorandum dated 02.02.1999, the petitioner may be entitled

to one such advance increment.

In view of the above, as agreed by the parties, it is deemed appropriate that interest of justice will be met, if the Commissioner & Secretary to

the Govt. of Assam, Secondary Education Department gives a due consideration to the claim of the petitioner for one advance increment for

having the Hindi Shikshan Parangat degree as provided in the office memorandum dated 02.02.1999 and pass an appropriate order on the claim

of the petitioner. The Commissioner & Secretary is directed to give a consideration as indicated. It is stated that in the meantime, the petitioner has

superannuated from service and if it is so, the Commissioner & Secretary to the Govt. of Assam Secondary Education shall give further

consideration that in the event, it is found that the petitioner was entitled to one advance increment, necessary order be passed for giving

consequential benefit to the petitioner. The petitioner shall submit a representation along with a copy of this writ petition and the order passed

today before the Commissioner & Secretary, Govt. of Assam, Secondary Education Department and upon the same being filed, the Commissioner

shall give the required consideration within a period of two months thereafter. Writ petition is accordingly disposed of.