Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 6 Ors on 23 August, 2021
Page No.# 1/8
GAHC010123752021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3933/2021
GIRISH CHANDRA BARO AND 19 ORS
S/O LATE ANANDA RAM BARO, SUBJECT TEACHER, ATHIABARI
VIDYAMANDIR H.S. SCHOOL, VILL-PASCHIM ATHIABARI, DIST-BAKSA,
PIN-781377
2: SYED ATAUR RAHMAN
S/O LATE KHAIRUDDIN AHMED
ASSISTANT TEACHER
YOGI SATYANANDA GIRLS HIGH SCHOOL
VILL- MAHARIPARA
P.O.-MAHARIPARA
DIST- BAKSA (ASSAM)
PIN-781364
3: ARUP MEDHI
S/O LATE BINOY KRISHNA MEDHI
ASSISTANT TEACHER
BASUGAON HIGHER SECONDARY SCHOOL
TOWN- BASUGAON
P.O.-BASUGAON
DIST- CHIRNAG (ASSAM)
PIN-783372
4: JIT BAHADUR PRADHAN
S/O LATE RUDRA BAHADUR PRADHAN
ASSISTANT TEACHER
BHOLAJHAR BANAGALIPARA HIGH SCHOOL
VILL AND P.O.-BANGALIPARA
DIST- BAKSA
BTR (ASSAM)
PIN-781364
5: AMIN BASUMATARY
S/O LATE JOBORSING BASUMATARY
Page No.# 2/8
ASSISTANT TEACHER
TUKRAJHAR HIGHER SECONDARY SCHOOL
VILL NO. 2 TUKRAJHAR
P.O.-TUKRAJHAR
PIN-783394
DIST-CHIRANG (ASSAM)
6: NIRMALI DEURY
D/O LATE PREMANANDA DEURY
ASSISTANT TEACHER
KAKLABARI HIGHER SECONDARY SCHOOL
SIMLA
VILL-SIMLA
P.O.-SIMLA
PIN-781330
DIST-BAKSA
BTR (ASSAM)
7: DILIP DAS
S/O MAHENDRA DAS
ASSISTANT TEACHER
L.N BEZBARUAH H.S
BHOTEPOWABARI
VILL- CHARNA
P.O.-CHARNA BAZAR
DIST- BAKSA
BTR
(ASSAM)
PIN-781328
8: CHABEN CH. BORO
S/O LATE NALO RAM BORO
ASSISTANT TEACHER
SUBANKHATA HIGH SCHOOL
VILL- SUBANKHATA
P.O.-SUBANKHATA
DIST- BAKSA
BTR (ASSAM)
PIN-781372
9: SUKUMAR CH. SAHA
S/O LATE SUBODH CH. SAHA
SUBJECT TEACHER
TULSHIBIL HIGHER SECONDARY SCHOOL
P.O.-TULSHIBIL
PIN-783337
DIST- KOKRAJHAR
BTR (ASSAM)
Page No.# 3/8
10: CHARAN CH. BRAHMA
S/O LATE KAMALESWAR BRAHMA
ASSISTANT TEACHER
DOTMA HIGHER SECONDARY SCHOOL
DOTMA
P.O.-DOTMA
PIN-783347
DIST- KOKRAJHAR
BTR (ASSAM)
11: JAYANTI NARZARY
S/O ANANDA NARZARY
ASSISTANT TEACHER
BANARGAON HIGH SCHOOL
BANARGAON
P.O.-BANARGAON
PIN-783347
DIST-KOKRAJHAR
BTR (ASSAM)
12: PRANAB KUMAR ROY
S/O LATE RATNESWAR ROY
ASSISTANT TEACHER
ANCHALI HIGH SCHOOL
VILL-ANCHALI
P.O.-ANCHALI
DIST-BAKSA
BTR (ASSAM)
PIN-781327
13: NIJWN SHRANG BRAHMA
S/O LATE BINA RAM BRAHMA
ASSISTANT TEACHER
DANDA SAHARIA H.S. SCHOOL
VILL- HATIGAON
P.O.-ROWTA CHARIALI
DIST- UDALGURI
ASSAM
PIN-784508
14: SABITRA SUBEDI
D/O LATE RUDRA SUBEDI
ASSISTANT TEACHER
BHOLAJHAR BANAGALIPARA HIGH SCHOOL
VILL AND P.O.-BANAGALIPARA
DIST-BAKSA
BTR (ASSAM)
Page No.# 4/8
PIN-781364
15: GREGORY BORGOYARY
S/O LATE MARIUS BORGOYARY
SUBJECT TEACHER
BENGTOL H.S SCHOOL
BENGTOL
VILL-BENGTOL
P.O.-BENGTOL
DIST-CHIRANG
BTR
ASSAM
PIN-783394
16: MANJU BARO
W/O RANJIT KR. NARZARY
SUBJECT TEACHER
BENGTOL H.S. SCHOOL
BENGTOL
VILL-BENGTOL
P.O.-BENGTOL
DIST-CHIRANG
BTR
ASSAM
PIN-783394
17: BHAGIRATH BASUMATARY
S/O LATE NANDARAM BASUMATARY
ASSISTANT TEACHER
ATHIABARI UCCHA MADHYAMIK BALIKA VIDYALAY
VILL- CHUTIAPARA
P.O.-ATHIABARI
PIN-781377
DIST- BAKSA
BTR
ASSAM
18: TULASHI RABHA
S/O LATE HARO RAM RABHA
SUBJECT TEACHER
BARAMA H.S. SCHOOL
VILL- NIZJULUKI
P.O.-BARAMA
DIST- BAKSA
BTR
ASSAM
PIN-781346
Page No.# 5/8
19: ARUN CHANDRA DEKA
S/O LATE KUHIRAM DEKA
ASSISTANT TEACHER
PACHIM SILPOTA HIGH SCHOOL
VILL- NAHARBARI
P.O.-BHOLABARI
DIST- UDALGURI
BTR
ASSAM
PIN-784525
20: MINA DAS
D/O HARENDRA NATH DAS
SUBJECT TEACHER
DOTMA HIGHER SECONDARY SCHOOL
DOTMA
P.O.-DOTMA
PIN-783347
DIST-KOKRAJHAR
BTR (ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT,
DISPUR, GUWAHATI-781006
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL AUTONOMOUS COUNCIL
KOKRAJHAR
PIN-788819
DIST-KOKRAJHAR
ASSAM
4:THE INSPECTOR OF SCHOOLS
KOKRAJHAR DISTRICT CIRCLE
KOKRAJHAR
DIST- KOKRAJHAR
ASSAM
PIN-788819
5:THE INSPECTOR OF SCHOOLS
Page No.# 6/8
UDALGURI DISTRICT CIRCLE
UDLAGURI
DIST-UDALGURI
ASSAM
PIN-781104
6:THE INSPECTOR OF SCHOOLS
BAKSA DISTRICT CIRCLE
MUSHALPUR
DIST-BAKSA
ASSAM
PIN-
7:THE INSPECTOR OF SCHOOLS
CHIRANG DISTRICT CIRCLE
KAJALGAON
DIST-CHIRANG
ASSAM
PIN
Advocate for the Petitioner : MR. S Ali
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
23.08.2021
Heard Mr. S Ali, learned counsel for the petitioner. Also heard Mr. B
Choudhury, learned counsel for the respondents No. 3, 4, 5, 6 and 7 and Mr.
SMT Chistie, learned counsel for the respondent Nos. 1 and 2 being the
authorities in the Secondary Education Department, Government of Assam.
2. The petitioners herein are all serving as Assistant Teachers/Subject Teachers
Page No.# 7/8
in different High and Higher Secondary Schools in the State and in course of
their employment they had acquired their higher qualification of B.Ed degree
from UGC recognized Universities and Colleges approved by the NCTE.
3. In the circumstance, the petitioners claim for one advance increment upon
obtaining their B.Ed degree as provided in the Office Memorandum
No.FE.1/98/1 dated 07.03.1998 of the Commissioner and Secretary to the
Government of Assam in the Department of Finance. It has been brought to the
notice of the Court that the said provision was withdrawn by a subsequent
notification No.ASE.229/2013/153 dated 22.09.2014, but the same was assailed
in WP(C)No.6241/2015 and by the judgment dated 16.02.2016, the notification
withdrawing the benefit of one advance increment was interfered. In the
circumstance, the petitioners make a claim that they are entitled to a direction
for payment of one advance increment.
4. The petitioner also makes a statement that the individual petitioners have
filed representations before the Inspectors of Schools of different districts
claiming benefit of one advance increment but the said request has not been
attended to by the concerned Inspectors of Schools.
5. In the circumstance, the limited prayer of the petitioners is that a direction
be issued to the respective Inspectors of Schools of the different districts of
Assam to consider the claim of the petitioners for one advance increment and to
pass a reasoned order on the entitlement of the petitioners.
Page No.# 8/8
6. Mr. B Choudhury, learned counsel for the authorities under the BTC and Mr.
SMT Chistie, learned counsel for the authorities under the Secondary Education
Department, Assam do not object to the aforesaid limited relief sought for by
the petitioners.
7. In the circumstance, this writ petition stands disposed of by directing the
respective Inspectors of Schools of different districts before whom the
petitioners have submitted their respective representations to give a
consideration to the claim for one advance increment as indicated above and to
pass a reasoned order on the same.
8. To expedite the matter, the petitioners shall file a fresh copy of the same
representations before the respective Inspectors of Schools and upon the same
being submitted the Inspectors of Schools shall pass a reasoned order thereon
within a period of 30 days of the subsequent submission of the representations.
9. Writ petition stands disposed of in the above terms
JUDGE
Comparing Assistant
