Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 2 Ors on 12 March, 2025
Page No.# 1/5
GAHC010053302025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1450/2025
PARESH CH. DAS AND 6 ORS
ASSISTANT TEACHER OF H.S. BANI BIDYAPITH, CHANMAGURI, S/O- LATE
BHUBAN CH. DAS, RESIDENT OF VILL AND P.O - DHOLKUCHI, IN THE
DISTRICT OF TAMULPUR, ASSAM, PIN- 781354.
2: ABOU BAKKAR SIDDIQUE
ASSISTANT TEACHER OF H.S BANI BIDYAPITH
CHANMAGURI
AGE ABOUT- 58 YEARS
S/O- HABIBOR RAHMAN
RESIDENT OF VILL- BARANGHOLI
P.O- CHANMAGURI
IN THE DISTRICT OF KAMRUP
ASSAM
PIN- 781380.
3: ABDUL MATLEB ALI
ASSISTANT TEACHER OF H.S BANI BIDYAPITH
CHANMAGURI
S/O- LATE KASHIM ALI
RESIDENT OF VILL- KACHARI SOLMARI
P.O - P.S- RANGIA
IN THE DISTRICT OF KAMRUP
ASSAM
PIN- 781354.
4: KAILASH KALITA
AN ASSISTANT TEACHER OF H.S BANI BIDYAPITH
CHANMAGURI
S/O- LATE DEHI RAM KALITA
RESIDENT OF VILL AND P.O- PITAMBAR (JAYANTIPUR)
P.SRANGIA
IN THE DISTRICT OF KAMRUP
ASSAM
Page No.# 2/5
PIN- 781354.
5: HEM CHANDRA DEKA
AN ASSISTANT TEACHER (SCIENCE) OF PADUM KUWARI BALIKA HIGH
SCHOOL
DAGAON
S/O- LATE DHARMESWAR DEKA
RESIDENT OF VILL- SAJEI
P.O.- DAGAON
IN THE DISTRICT OF KAMRUP
ASSAM
PIN- 781133.
6: HANIFUDDIN AHMED
AN ASSISTANT TEACHER OF RANGIA H.S. SCHOOL
S/O- LATE HUSSAIN ALI
RESIDENT OF TOWN- WARD NO. B
RANGIA
P.O. AND P.S- RANGIA
IN THE DISTRICT OF KAMRUP
ASSAM
PIN- 781354.
7: BAHARUL ISLAM
ASSISTANT TEACHER OF KARARA PATIDARRANG HIGH SCHOOL
S/O- TAMUZ ALI
RESIDENT OF VILL - P.O- SALEDAL
IN THE DISTRICT OF KAMRUP
ASSAM
PIN- 781121
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPAFTMENT,
DISPUR, GUWAHATI, PIN- 781006.
2:THE DIRECTOR OF SECONDARY EDUATION
ASSAM
KAHILIPARA
GUWAHATI
IN THE DISTRICT OF KAMRUP(M)
ASSAM
PIN- 781019.
3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
Page No.# 3/5
AMINGAON
DISTRICT- KAMRUP
ASSAM
PIN- 781031
Advocate for the Petitioner : MR. M KALITA, MR M BASUMATARI,MR. N M DAS,MR. J
HATIMURIA
Advocate for the Respondent : SC, SEC. EDU.,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 12.03.2025
Heard Mr. M. Kalita, learned counsel for the petitioners. Also heard Mr. M.
Sharma, learned Standing counsel for the Secondary Education Department and
Mr. S. R Rabha, learned Standing counsel for the BTC.
2. The petitioners herein are serving as Assistant Teachers in different High
schools/Senior Secondary Schools in the State and in course of their
employment they had acquired their higher qualification of B.T/B.Ed degree
from NCTE/UGC recognized Universities and Colleges approved by the
NCTE/UGC. In the circumstance, the petitioners claim for one advance
increment upon obtaining their B.T/B.Ed degree as provided in the Office
Memorandum No.FEG.1/98/1 dated 07.03.1998 of the Commissioner and
Secretary to the Government of Assam in the Department of Finance.
3. It has been brought to the notice of the Court that the said provision was
withdrawn by a subsequent notification No.ASE.229/2014/153 dated
22.10.2014, but the same was assailed in WP(C)No.6241/2015 and by the
Page No.# 4/5
judgment dated 16.02.2016, the notification withdrawing the benefit of one
advance increment was interfered with by this Court. In the circumstance, the
petitioners claimed that they are entitled to a direction for payment of one
advance increment.
4. The petitioners also claimed 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 petitioners prayed 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.
6. Mr. S. R. Rabha, learned counsel for the authorities under the BTC and Mr.
M. Sharma, 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.
Page No.# 5/5
9. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
