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2025 DAILYLAW 26729 (GAU)

UTPAL CHAKRABARTY AND 5 ORS. v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/6153/2025 · 2025-10-31

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010220802025 2025:GAU-AS:14781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6153/2025 UTPAL CHAKRABARTY AND 5 ORS. POST GRADUATE TEACHER DAKHIN NALBARI S R. SEC. SCHOOL S/O LATE PRATAP CHAKRABORTY AGNISALA SATRA NIZ-BAHJANI DIST.NALBARI, ASSAM, PIN-781334 2: BASANTA DAS POST GRADUATE TEACHER UTTAR KAMPITH SENIOR SECONDARY SCHOOL JAGARAN DIST. NALBARI S/O SRI ANIL KUMAR DAS R/O VILLAGE- KHATA RUPIABATHAN (COLLEGE ROAD CHAMATA) PO CHAMATA (BALIPATHAR) PS BELSOR DISTRICT NALBARI ASSAM PIN- 781306 3: SONESWAR DEVA POST GRADUATE TEACHER UTTAR KAMPITH SR. SECONDARY SCHOOL JAGARA (NALBARI) S/O LATE BAPU RAM DEKA R/O VILL- JAGARA P.O. JAGARA DIST. NALBARI ASSAM PIN-781310 Page No.# 2/4 4: HEMANTA KUMAR SARMA ASSTT. TEACHER (B.SC SCIENCE) DEBIRAM PATHSALA H.S. SCHOOL (PM SHRI) S/O LATE B RAJA NATH SARMA R/O VILL- BARAZARA P.O. BARAZARA PIN-781334 DIST. NALBARI 5: AMAR JYOTI SARMA POST GRADUATE TEACHER (PRINCIPAL I/S) SWAHID SMRITI SR. SEC. SCHOOL BELSOR NALBARI DIST. NALBARI ASSAM S/O DWIJENDRA NATH SARMA R/O SB LUIT NEAR GUWAHATI DENTAL CARE JALUKBARI SUNDARBARI GUWAHATI-781014. 6: RAMA KANTA BARMAN POST GRADUATE TEACHER (LECTURER) DEPTT. OF ASSAMESE UTTAR KAMPITH SR. SECONDARY SCHOOL JAGARA NALBARI S/O LATE NABIN CH. BARMAN R/O VILL- GANGAPUR P.O. DEHAR KALAKUCHI P.S. MUKALMUA DIST. NALBARI ASSAM PIN-781310 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF SECONDARY Page No.# 3/4 ASSAM KAHILIPARA GUWAHATI- 781019 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI DISTRICT- NALBARI ASSA Advocate for the Petitioner : MR. S Ali, MRS. P B HAZARIKA,MR K DAS,MD S HUSSAIN Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 01.11.2025 Heard Mr. S Hussain, learned counsel for the petitioners. Also heard Ms. P Das, learned Standing counsel, Secondary Education Department for the respondent Nos. 1, 2 & 3. 2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioners are seeking, inter-alia, for a direction to the respondents to dispose of the representations for granting one advance increment to the petitioners in the line of the similar order passed by a Co-ordinate Bench of this Court on 21.03.2025 in WP(C) No. 1427/2024. 3. It is submitted by Mr. S Hussain, learned counsel for the petitioners that the case of the petitioners is similarly covered by the order of the Co-ordinate Bench of this Court dated 21.03.2025 passed in the case of Nityananda Sarma & Others -Vs- State of Assam and others in WP(C) No. 1427/2024. 4. He further submits that though a representation was submitted on 10.05.2025 before the Inspector of Schools, Baksa District Circle, Nalbari seeking grant of one Page No.# 4/4 advance increment for acquiring B.Ed degree, however, the same is still pending consideration. 5. Ms. P Das, learned Standing counsel, Secondary Education Department submits that this writ petition can also be disposed of in similarly line as that of in the case of Nityananda Sarma & Others (supra), by giving the liberty to the writ petitioners to submit fresh representations and as and when such representations are being submitted, the respondents shall consider the same in accordance with law after undertaking necessary verification and upon such verification, if the petitioners are found to be entitled for such grant of one advance increment, grant the same. 6. Having heard the learned counsels for the parties and having perused the order of the Co-ordinate Bench of this Court dated 21.03.2025, it appears that, in the interest of justice, this case can also be similarly disposed of, by directing the concerned Inspector of Schools to take a decision on the representations to be submitted afresh by the petitioners, after due verification, for grant of one advance increment in terms of the Office Memorandum dated 07.03.1998 in accordance with law, within a period of 3 (three) weeks from the date of submission of such representations by the petitioners. 7. Ordered accordingly. 8. With the above observations and directions, this writ petition, stands disposed of. JUDGE Comparing Assistant