CHITRA ROY Vs. STATE OF ASSAM AND 3 ORS
HIGH COURT OF GAUHATI
State Of Assam And 3 Ors
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. M.Z Ahmed, learned senior counsel for the petitioner, Mr. U.K. Nair, learned senior counsel appearing for the respondent Nos. 3 and 4 being the authorities of the Dibrugarh H.S Kanoi Commerce College and Mr. K. Gogoi, learned Standing Counsel for Higher Education Department in the Government of Assam.
(2.) The petitioner, who claims to have the requisite UGC norms including NET as well as Ph.D degree from Dibrugarh University, was appointed as a Lecturer in the Department of Economics in the Dibrugarh H.S Kanoi Commerce College on 11.04.2003. It is stated that the appointment of the petitioner has now been re-designated as an Assistant Professor. The petitioner claims that although she belongs to the general caste category, but having married to Mr. Ashok Kumar Roy, who belongs to the Scheduled Caste Community by following the Hindu Customary Practice and Rituals, the petitioner had to accept the caste of her husband. Accordingly, it is the claim of the petitioner that she is a person belonging to the Scheduled Caste community.
(3.) Be that as it may, upon completion of five years in service as a Lecturer/Assistant Professor, the petitioner claims that a right had accrued to her to receive the senior scale of pay. In recognition of such right, the Governing Body of the college concerned passed a resolution No.3(B) dated 17.02.2012, wherein it was resolved on the recommendation of the screening committee constituted with permission of the Governing Body in accordance with the guidelines issued by the UGC and State Government that the petitioner be placed in the senior scale of pay as an Assistant Professor w.e.f. 11.04.2007.;
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