Gauhati High Court
Shamim Ara Rahman vs The State Of Assam And 3 Ors on 24 September, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010126702020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3656/2020
1:SHAMIM ARA RAHMAN
W/O- MR. N.F.H.HUSSAIN, R/O- SUNRISE POINT APARTMENT,
BAGHARBARI, PANJABARI, GHY-37, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ANIMAL
HUSBANDRY AND VETERINARY DEPTT., DISPUR, GHY-6
2:THE DIRECTOR
ANIMAL HUSBANDRY AND VETERINARY
ASSAM
CHENIKUTHI
GHY-3
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-6
4:THE ACCOUNTANT GENERAL (A AND A)
ASSAM
MAIDAMGAON
BELTOLA
GHY-2
Advocate for the Petitioner : MR. B PRASAD
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
24.09.2020 Heard Mr. B. Prasad, learned counsel for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate appearing for respondent nos. 1 & 2. Also heard Mr. A. Chaliha, learned Standing counsel, Finance Department for respondent no. 3 and Ms. B. Bora, learned counsel appearing for respondent no. 4, Accountant General, Assam.
2. The facts, in brief, projected in this writ petition are that the petitioner after completing her Bachelor Degree in Veterinary Science from the College of Veterinary Science, Guwahati under Assam Agriculture University, participated in a selection process initiated for filling up post of Veterinary Assistant Surgeon and pursuant to her selection in the selection process conducted by Assam Public Service Commission, she came to be appointed in the post of Veterinary Assistant Surgeon vide a notification dated 14.09.1992.
3. In the year 2013, the petitioner got an opportunity to pursue Master Degree Course in Veterinary Public Health (M.V.Ph Course), 2-years Post Graduate Degree Course, for the session 2013-2015 in All India Institute of Hygiene & Public Health, Kolkata under the University of Calcutta. The petitioner applied before the respondent authorities to grant her Study Leave to pursue the M.V.Ph Course. As the request for such grant of Study Leave was being processed, the petitioner proceeded and joined the M.V.Ph Course.
4. The Government of Assam in the Animal Husbandry and Veterinary Department by a communication dated 19.03.2014 conveyed ex-post facto sanction for the Study Leave in respect of the petitioner for a period of 2(two) years w.e.f. 01.07.2013 to 30.06.2015 to undergo Higher Study in M.V.Ph Degree Course, noted above. The Page No.# 3/5 petitioner after completion of the course, appeared in the final examination. Thereafter, she joined in her earlier post of Veterinary Assistant Surgeon in Gauripur District on 01.07.2015. After receiving the results of the examination of M.V.Ph Degree Course, declared on 14.07.2015, she submitted the provisional pass certificate, with an application to the respondent authorities to grant her 2(two) advance increments based on such provisional certificate since, according to her, an employee with a Master Degree Course like M.V.Ph is entitled to 2(two) advance increments. It is the case of the petitioner that the petitioner is entitled for 2 (two) advance increments w.e.f. from 14.07.2015.
5. It is the further case of the petitioner that the respondent authorities had expressed its inability to grant that advance increments based on such provisional certificate issued by the University. The petitioner submitted another representation on 25.07.2016 before the respondent authorities to reconsider the prayer for advance increments. Later on, when the petitioner obtained the original pass certificate as regards her M.V.Ph Degree, she renewed her prayer for grant of 2(two) advance increments before the respondent authorities.
6. On receipt of such prayer, the respondent no. 1 vide communication dated 17.05.2017 had called for information / documents from the respondent no. 2 for proper examination of the proposal as regards grant of advance increment to the petitioner. The respondent no. 2 in response to the said communication, had forwarded the information / documents along with a precis to the respondent no. 1 on 20.06.2017. In the said communication, the respondent no. 2 had expressed that an employee with P.G. Degree in Veterinary Public Health can play a crucial role in the Department. Essentiality of such qualification and the benefits that can be received by the Department from an employee with such a degree were highlighted in the communication dated 20.06.2017. The respondent no. 2 had further indicated that the Revision of Pay Rules, 2017 had provided for grant of 2(two) advance increments for those persons who had undergone Higher Studies leading to P.G. Degree in the field of scientific, technical and other related subjects.
7. As the proposal for grant of 2(two) advance increments to the petitioner in view Page No.# 4/5 of her obtaining M.V.Ph Degree has rested at the end of the respondents authorities without any definite decision, the petitioner has approached this Court by way of this writ petition.
8. Mr. Nath, learned Additional Senior Government Advocate has submitted that as the petitioner has projected that the matter is still under consideration before the respondent authorities, more particularly, the respondent no. 1, it would be appropriate for the Court instead of deciding the matter at this stage, to direct the respondent no.1 to take a decision on the matter on the basis of the attending facts and the relevant provisions as regards grant of advance increments and entitlement or otherwise of the petitioner within a stipulated period to time.
9. Mr Prasad, learned counsel for the petitioner has submitted that he has no objection if the respondent no.1 takes the proposal which is pending since 2016, on board and thereafter, arrive at a final decision in the matter within a stipulated period of time.
10. Having considered the projected case of the petitioner and the submissions advanced by the learned counsel for the parties, this Court deems its appropriate, instead of taking a decision in the matter at this stage, to direct the respondent authorities, more particularly, the respondent no.1 to take a decision as regards the entitlement or otherwise of the petitioner about two advance increments in view of her obtaining the Post Graduate Degree qualification (M.V.Ph Degree) by taking into account all the attending facts and the relevant provisions as regards entitlement of advance increments. Accordingly, it is directed that the respondent no. 1 shall take a decision on the proposal pending before him by passing a speaking order by taking into account are the attending facts and the relevant provisions as regards entitlement of the petitioner for such advance increments within a period of 2(two) months from the date of receipt of certified copy of this order along with a copy of the writ petition with the annexures, from the petitioner. It is further ordered that the decision so taken by the respondent no. 1 shall be communicated to the petitioner forthwith.
11. It is, however, made clear that this Court has not made any observation as regards merits of the claims of the petitioner as regards her entitlement for 2(two) Page No.# 5/5 advance increments.
With the above direction, this writ petition stands disposed of.
JUDGE Comparing Assistant