Page No.# 1/4 GAHC010140742025 2025:GAU-AS:13260 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3798/2025 RASHU KANTA DAS S/O ANANDA MOHAN DAS, ASSTT. TEACHER, BIJNI BANDHAB H.S. SCHOOL, BIJNI, DIST- CHIRANG, ASSAM, PIN-783390 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 KAMRUP (M) ASSAM 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL AUTONOMOUS COUNCIL KOKRAJHAR PIN-788819 DIST- KOKRAJHAR ASSAM 4:THE INSPECTOR OF SCHOOLS CHIRANG DISTRICT CIRCLE KAJALGAON DIST- CHIRANG ASSAM PIN-783385 5:THE SECRETARY Page No.# 2/4 FINANCE GOVERNMENT OF ASSAM DISPUR GUWAHATI PIN-78100 Advocate for the Petitioner : MR. R SARMA, MR. J K ROY,P DUTTA,MR. S K ROY Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, SEC. EDU.,SC, BTC BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 25.09.2025 Heard Mr. J.K. Roy, learned counsel for the petitioner, Mr. P. Hazarika, learned counsel appearing on behalf of Mr. S.R Rabha, learned Standing Counsel, BTC, Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Ano.2 and Ms. R.M. Barua, learned Standing Counsel, Finance Department for the respondent No.5. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. 2. It is the case of the petitioner that he was appointed in the year 1988 to the post of Assistant Teacher and during his service career, he has completed the B.Ed Course successfully through Open Distance Learning Mode from the recognized university and as permitted by the respondent authorities. The petitioner was accordingly issued a provisional degree certificate on 06.06.2025. According to the petitioner, the State Government in the Finance Department (Establishment-A) as issued an Office Memorandum dated 07.03.1998, by which an advance increment is Page No.# 3/4 permissible for teachers having acquired higher qualification. The learned counsel for the petitioner submits that the Joint Director of Secondary Education, Assam vide communication dated 21.07.2016 had informed all the Inspector of Schools that all Assistant Teachers are eligible to get one advance increment for acquiring B.Ed degree in view of the decision of the High Court in WP(C) No.6241/2015 vide order dated 16.02.2016, quashing the Government Notification dated 22.10.2014, by which grant of advance increment was stopped. The learned counsel for the petitioner further submits that the petitioner has submitted a representation for grant of the advance increment to the Inspector of Schools, CDC, Kajalgaon on 25.07.2025, but the same has not been considered till date and for which reason, the petitioner is before this Court. 3. The learned counsel for the petitioner submits that in a case of similar nature, this Court had also disposed of the case by directing the respondent authorities concerned to make necessary verification and if it was found that the petitioners have acquired the required qualification, further appropriate steps be taken for grant of one advance increment. In support of his submission, reference to the order dated 12.05.2023 passed by this Court in WP(C) No.2542/2023 [Jitesh Biswas and 07(seven) others –vs- State of Assam and 04(four) others] has been placed. 4. Having considered the above submission and upon perusal of the materials available on record, the writ petition is disposed of by directing the petitioner to submit a fresh representation before the Director of Education, BTC (respondent No.3) within a period of 15(fifteen) days from today and upon the petitioner submitting the representation, the respondent No.3 shall cause verification of the claim made by the Page No.# 4/4 petitioner and if the petitioner is found to be indeed eligible to get one advance increment in terms of the standing guidelines of the Government, the benefit of the same shall be given to him. 5. Such exercise be done and completed within a period of two months from the date of receipt of the representation. 6. With the above observations and direction, this writ petition stands disposed of. JUDGE Comparing Assistant