Page No.# 1/5 GAHC010239032024 2025:GAU-AS:12076 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6054/2024 AHMADUR RAHMAN LASKAR AND 3 ORS. S/O- ATAUR RAHMAN LASKAR, VILL- JOYKRISHNAPUR, P.O. RONGPUR SOUTH, DIST- HAILAKANDI, ASSAM, (ASSISTANT TEACHER, G.C.R.B.MEMORIAL HIGH SCHOOL, KATLICHERRA, DIST- HAILAKANDI, ASSAM) 2: MUSTAFA AHMED BARBHUIYA S/O- LT. ABDUL MUSABBIR BARBHUIYA VILL- BHATISANGJURAI P.O.- KALIBARI BAZAR DIST- HAILAKANDI ASSAM (CLASSICAL TEACHER OF S.A.C. MODEL GIRLS HIGH SCHOOL CHIPORSANGON DIST- HAILAKANDI ASSAM) 3: ANWAR HUSSAIN CHOUDHURY S/O- ABDUL MOTIN CHOUDHURY VILL- UTTAR KANCHANPUR PT-II P.O.- JANAKIBAZAR DIST.- HAILAKANDI ASSAM (ASSISTANT TEACHER (SCIENCE) OF S.A. CHOUDHURY MODEL GIRLS HIGH SCHOOL CHIPORSANGAN DIST. HAILAKANDI ASSAM) 4: HUSSAIN AHMED CHOUDHURY S/O- FAIZUL HAQUE CHOUDHURY VILL- CHIPORSANGAN PT.-II P.O.- CHIPORSANGAN DIST- HAILAKANDI Page No.# 2/5 ASSAM (ASSISTANT TEACHER (HINDI) OF CHIPORSANGAN PUBLIC HIGH SCHOOL DIST. HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI, 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE INSPECTOR OF SCHOOLS (HDC) HAILAKANDI P.O. AND DIST.- HAILAKANDI PIN- 78815 Advocate for the Petitioner : MR F A LASKAR, MR. D H MOZUMDER Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE Linked Case : WP(C)/6047/2024 MAYEN UDDIN AHMED CHOUDHURY AND ANR S/O- LT. SIRAJUL HAQUE CHOUDHIURY VILL- DUDPUR P.O.- BALIURA P.S. AND DIST.- HAILAKANDI ASSAM (ASSISTANT TEACHER I.C.M.C. HIGH SCHOOL BOALIPAR DIST- HAILAKANDI ASSAM Page No.# 3/5 2: BAHARUL ISLAM LASKAR S/O- MOIN UDDIN LASKAR VILL- BARNAGAD P.O.- KALIBARI BAZAR DIST.- HAILAKANDI ASSAM (ASSISTANT TEACHER OF I.C.M.H.S. SCHOOL BOALIPAR DIST- HAILAKANDI ASSAM) VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE INSPECTOR OF SCHOOLS (HDC) HAILAKANDI P.O. AND DIST.- HAILAKANDI PIN- 788152 ------------ Advocate for : MR F A LASKAR Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 05-09-2025 Heard Mr. FA Laskar, learned counsel for the petitioners and Ms. P Das, learned Standing Counsel, Secondary Education Department appearing for the Department. [2.] Both the writ petitions are taken up for disposal together since the issues involved are similar. [3.] It is the case of the petitioners that they have acquired B.Ed degree and therefore, they are entitled to receive one advance increment in terms of the instructions issued by the concerned authorities in the State Government. [4.] Mr. FA Laskar, learned counsel for the petitioners, in this connection has drawn the attention of this Court to the communication dated 21.07.2016 (Annexure-6 in WP(C) 6054/2024) and submits that although the State Government had issued a notification on 22.10.2014, stopping the grant of advance increment for acquisition of B.T./B.Ed degrees but this Court, vide order dated 16.02.2016 passed in WP(C) 6241/2015 had quashed the Government notification dated 22.10.2014 and therefore, the Joint Director of Secondary Education had informed all the Inspector of Schools through the said communication dated 21.07.2016 that all Assistant Teachers would be eligible to get one advance increment for acquiring B.Ed degree provided he or she had joined before 03.07.2012 and had obtained the B.Ed degree from UGC recognized University and NCTE approved B.Ed Colleges. [5.] The learned counsel submits that though the petitioners have submitted an application before the respondent concerned, but since the advance increment was not given, the petitioners are before this Court. Page No.# 5/5 [6.] Having regard to the above projection, it only appears that the Government had at one point of time discontinued grant of giving one advance increment to persons acquiring B.T./B.Ed degrees, but in view of the interference made by this Court, vide order dated 16.02.2016 in WP(C) 6241/2015, grant of increment has resumed once again. [7.] Under the facts and circumstances, the writ petitions are disposed of by directing the respondent authorities concerned to examine the claim of the petitioners, as to whether they fulfill the criteria, as stipulated in the communication dated 21.07.2016 and other relevant documents for being given an advance increment and in the event it is found that they fulfill the criteria, the increment as entitled may be accorded to them. Such an exercise be carried out within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. No cost. JUDGE Comparing Assistant