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2025 DAILYLAW 9745 (GAU)

INDIRA BALA KALITA AND 2 ORS. v. RAMESH CHAND JAIN AND 3 ORS.

Cont.Cas(C)/139/2018 · 2025-06-17

Nelson Sailo

body2025

Judgment text

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Page No.# 1/3 GAHC010063342018 2024:GAU-AS:2637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/139/2018 INDIRA BALA KALITA AND 2 ORS. D/O- LATE KANDARPA KALITA, W/O- ADITYA MOHANTA, R/O- VILL- NABAPUR, P.O AND P.S- BOKO, DIST- KAMRUP(R), ASSAM, (ASSTT TEACHER OF GOROIMARI ANCHALIK GIRLS HIGH SCHOOL) 2: SALEHA HASAN D/O- ABDUL HAKIM W/O- RAMZANUL ISLAM R/O- VILL- GOROIMARI BAZAR P.O- TUKRAPARA P.S- CHHAYGAON DIST- KAMRUP(R) ASSAM (ASSTT TEACHER OF GOROIMARI ANCHALIK GIRLS HIGH SCHOOL) 3: DAIBAKI KALITA R/O- VILLAGE LEZA P.O- BARUAJANI P.S- KAMALPUR DIST- KAMRUP(R) ASSAM (ASSTT TEACHER OF ARUNODOI HIGH SCHOOL JAMUGURI VERSUS RAMESH CHAND JAIN AND 3 ORS. COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (SECONDARY) DEPTT, DISPUR, GUWAHATI- 06 2:RAJIV KUMAR BORA ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM EDUCATION (SECONDARY) DEPTT ASSAM CIVIL SECRETARIAT DISPUR Page No.# 2/3 GUWAHATI- 781006 3:PHANINDRA JIDANG DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY- 19 4:MADHAB CHANDRA DEKA INSPECTOR OF SCHOOLS KDC KAMRUP AMINGAON GHY- 3 Advocate for the Petitioner : MR. L KALITA, MR C KALITA,MS S DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 18.06.2025 None appears for the petitioner when the matter is called. Mr. S.M.T. Chistie, learned counsel appears for the respondent Nos. 1, 2, 3 & 4. By producing the order dated 17.06.2025, Mr. Chistie submits that upon receiving the report from the Inspector of Schools, it was found that the services of the petitioner was provincialised only with effect from 01.01.2013 after the amendment of the Assam Secondary Education (Provincialised) Service (Amendment) Rules, 2012. Therefore, although the petitioners have acquired their B.Ed degree prior to the enactment of the Amendment Rules of 2012 but since they have been provincialised only on 01.01.2013, they are not entitled to one (1) advanced increment for acquiring B.Ed Page No.# 3/3 degree. The learned counsel submits that with the passing of the order dated 17.06.2025, the direction of this Court has been complied with and therefore, the contempt petition may be closed. In view of above, the contempt petition stands closed. Copy of the order dated 17.06.2025 is put on record and marked as ‘X’ for identification. It is needless to observe herein that if the petitioners are aggrieved, they are at liberty to challenge the order as may be permissible in law. JUDGE Comparing Assistant