Page No.# 1/3 GAHC010117932024 2025:GAU-AS:16883 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3067/2024 PRASANNA SWARGIARY AND 2 ORS S/O- LATE BHADRESWAR SWARGIARY, RESIDENT OF VILLAGE- CHAITANGURI (BARTARI), P.O.- SONAFULI, DISTRICT- BAKSA, ASSAM. 2: KHANDAKAR SAIDUR RAHMAN S/O- KH. ABDUR REZZAK RESIDENT OF VILLAGE- DABALIA PARA DISTRICT- BARPETA ASSAM PIN- 781316. 3: MUZAMMAL HUSSAIN S/O- HASMAT ALI RESIDENT OF VILLAGE- KUMMULLIPARA P.O.- JOSHIHATIPARA DISTRICT- BARPETA ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF SECONDARY EDUCATION Page No.# 2/3 ASSAM KAHILIPARA GUWAHATI-19. 4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE DISTRICT- BAKSA ASSAM PIN- 781372. 5:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE DISTRICT- BARPETA ASSAM PIN- 781301 Advocate for the Petitioner : MR. M AHMED, MR. N HAQUE,MR M HUSSAIN,MR. S R BARBHUIYA Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08-12-2025 Heard Mr. N. Haque, learned counsel for the petitioners and Mr. P. P. Dutta, learned Standing Counsel, Secondary Education. 2. The petitioners, who are serving as regular teachers in High Schools/HS Schools, claim for grant of one advance increment upon acquiring a B.Ed. degree. The challenge in this writ petition is to the order dated 09.08.2022 passed by the Director of Secondary Education, Assam, whereby, the claim of the petitioners for granting of one advance increment upon acquiring a B.Ed. degree has been rejected. 3. It is stated at the Bar that similar issue has been decided by the Division Bench on reference in the case of Moktar Hussain vs. the State Page No.# 3/3 of Assam & Ors., in WP(C) No. 994/2020 vide order dated 26.11.2025, which is reproduced hereinbelow: “ …We were initially of the view that the issues in these cases did not require any reference to a Bench of higher strength but nonetheless, considering the stand of the State, we sought information as how many persons are left to be paid the additional increment, who had acquired the additional qualification of B.Ed. Degree. Degree. The affidavit filed today on behalf of the Education (Secondary) Department indicates that there are 438 numbers of such teachers out of whom only some are entitled for grant of the additional increment for their having obtained the B.Ed. Degree. Let such an exercise be made and anybody who is eligible to be paid, according to the State’s decision, shall be paid their additional increment as early as possible. This exercise must be completed within a period of 90(ninety) days positively. It is also made clear that a reasoned order shall be passed by the concerned authority while not granting the additional increment to the left over teachers, who have not been benefitted by this measure of the State. The reference thus is answered and the writ petitions stand disposed off.” 4. Having considered that the issue in the present proceeding has already been decided by the Division Bench and as agreed to by learned counsel for the parties, this writ petition is disposed of by holding that the above order of the Division Bench shall cover the case of the petitioners. 5. Accordingly, the order dated 26.11.2025, passed by the Division Bench in Moktar Hussain (supra), shall be applicable to the petitioners in the present case. 6. Writ petition stands disposed of. JUDGE Comparing Assistant