Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 22 February, 2021
Page No.# 1/7
GAHC010025202021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1040/2021
ROHIT RABHA AND 16 ORS
SUBJECT TEACHER, SEKHAR SANKARDEV MISSION H.S. SCHOOL, S/O. LT.
KEK RABHA, R/O. VILL. 1 NO. UTTAR DIMAKUCHI, P.O. DIMAKUCHI, PIN-
784526, DIST. UDLAGURI, ASSAM.
2: KISHOR KR. NANDI
ASSTT. TEACHER
SEKHAR SANKARDEV MISSION H.S. SCHOOL
S/O. MUKUL CH. NANDI
R/O. VILL. 1 NO. UTTAR DIMAKUCHI
P.O. DIMAKUCHI
PIN-784526
DIST. UDLAGURI
ASSAM.
3: MEDINI BORAH
IN CHARGE PRINCIPAL
SEKHAR SANKARDEV MISSION H.S. SCHOOL
S/O. SRI KAMINI KANTI BORAH
R/O. VILL. 1 NO. UTTAR DIMAKUCHI
P.O. DIMAKUCHI
PIN-784526
DIST. UDLAGURI
ASSAM.
4: SABAN KUMAR BORO
ASSTT. TEACHER
BHUYANKHAT HIGH SCHOOL
S/O. LT. KULA RAM BORO
VILL. DAHALACHUBA
P.O. KHAGRABARI
PIN-784527
DIST. UDALGURI
ASSAM.
Page No.# 2/7
5: JIHUSUA DAIMARI
ASSTT. TEACHER
UDALGURI GIRLS H.S. SCHOOL
S/O. LT. MISHIL DAIMARI
VILL. MAIDANGURI
P.O. MAIDANGURI
PIN-785409
DIST. UDALGURI
ASSAM.
6: BIRAN BASUMATARY
ASSTT. TEACHER
SEKHAR SANKARDEV MISSION H.S. SCHOOL
S/O. LT. CHANDRA KT. BASUMATARY
VILL. 1 NO. DIMAKUCHI
P.O. DIMAKUCHI
PIN-784526
DIST. UDALGURI
ASSAM.
7: MABLA RAM BASUMATARY
ASSTT. TEACHER
2 NO. NALBARI HIGH SCHOOL
S/O. MANAI CHANDRA BASUMATARY
R/O. VILL. GULABIL
P.O. JAMUGURI
PIN-784114
DIST. UDALGURI
ASSAM.
8: MUGENDRA BORO
SUBJECT TEACHER
HARISINGA H.S. SCHOOL
S/O. LT. ANANDA BORO
VILL. MANTIKIRI
P.O. BENGBARI
PIN-784523
DIST. UDALGURI
ASSAM.
9: KARAN RAMCHIARY
ASSTT. TEACHER
KHAIRABARI H.S. SCHOOL
S/O. LT. BHADRA KT. RAMCHIARY
VILL. MAHALIAPARA
P.O. BAKPANI
Page No.# 3/7
PIN-784522
DIST. UDALGURI
ASSAM.
10: DHIRENDRA NATH BARUAH
ASSTT. TEACHER
GOLMAGAAN HIGH SCHOOL
S/O. HARENDRA NATH BORUAH
R/O. UDALGURI TOWN
WARD NO.4
P.O. AND P.S. UDALGURI
PIN-784525
DIST. UDALGURI
ASSAM.
11: BHABEN KUMAR HAZARIKA
ASSTT. TEACHER
BHOLABARI HIGH SCHOOL
S/O. BHUMIDHAR HAZARIKA
VILL. RANTHALI BAGICHA
P.O. KALAIGAON
PIN-784525
DIST. UDALGURI
ASSAM.
12: NAGEN KALITA
ASSTT. TEACHER
BHOLABARI HIGH SCHOOL
S/O. ABHIRAM KALITA
VILL. NAHARBARI
P.O. BHOLABARI
PIN-784525
DIST. UDALGURI
ASSAM.
13: HITESH KR. SARMA
ASSTT. TEACHER
PUB PANERI HIGH SCHOOL
S/O. KANAK CH. SARMA
VILL. PADULA CHOWKA
P.O. PADULA CHOWKA
PIN-784125
DIST. UDALGURI
ASSAM.
14: JAGESH CH. KACHARI
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ASSTT. TEACHER
MOUGAON HIGH SCHOOL
S/O. MOTI RAM KACHARI
VILL. BANGAON
P.O. MOUGAAN
PIN-784528
DIST. UDALGURI
ASSAM.
15: KANAK CHANDRA NARZARY
ASSTT. TEACHER
TANGLA GIRLS HIGH SCHOOL
S/O. UPEN NARZARY
VILL. ARUNGPARA
P.O. KHAIRABARI
PIN-784522
DIST. UDALGURI
ASSAM.
16: DILIP PRASAD SARMAH
ASSTT. TEACHER
PURANI TANGLA HIGH SCHOOL
S/O. KHADANANDA BHUSAL
VILL. DAHLAHABI
P.O. KHAGRABARI
PIN-784527
DIST. UDALGURI
ASSAM.
17: BANAMALI RABHA
ASSTT. TEACHER
NAOKATA MILAN H.S. SCHOOL
S/O. KERELA RABHA
VILL. NIZJHARGAON
P.O. NAOKATA
PIN-784364
DIST. BAKSA
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GUWAHATI-781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
Page No.# 5/7
KAHILIPARA
GUWAHATI-19.
3:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL AUTONOMOUS COUNCIL
P.O. AND P.S. KOKRAJHAR
PIN-788819
DIST. KOKRAJHAR
ASSAM.
4:THE INSPECTOR OF SCHOOLS
UDALGURI DISTRICT CIRCLE
UDALGURI
DIST. UDALGURI
ASSAM
PIN-781104.
5:THE INSPECTOR OF SCHOOLS
BAKSA DISTRICT CIRCLE
MUSHALPUR
DIST. BAKSA
ASSAM
PIN-781104
Advocate for the Petitioner : MR. S Ali
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
22.02.2021
Heard Mr. S Ali, learned counsel for the petitioners. Also heard Mr. S Bora, learned counsel for
respondents No.3, 4 and 5 being the authorities under the BTC and Ms. P Chakraborty, learned
counsel for respondents No.1 and 2 being the authorities under the Secondary Education Department,
Assam.
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2. The petitioners herein are all serving as Assistant Teachers/Subject Teachers in different High
and Higher Secondary Schools in the State and in course of their employment had acquired their
higher qualification of B.Ed degree from UGC recognized Universities and Colleges approved by the
NCTE. 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.
3. 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.
4. 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.
5. Mr. S Bora, learned counsel for the authorities under the BTC and Ms. P Chakraborty, learned
counsel for the authorities under the Secondary Education Department, Assam do not object to the
aforesaid limited relief sought for by the petitioners.
6. 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.
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7. 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.
8. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
