Page No.# 1/8 GAHC010125192023 2025:GAU-AS:16429 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3476/2023 PUSPANJALI GOSWAMI AND 11 ORS ASSISTANT TEACHER, W/O- PADMAKANTA GOSWAMI, R/O PUB SALMARA, P.O.- PHULAGURI, P.S. RAHA, DISTRICT- NAGAON, ASSAM, PIN- 782108. 2: NITUL BORDOLOI S/O- LT. HEMA KANTA BORDOLOI ASSISTANT TEACHER BECHAMARI M.I. HIGHER SECONDARY SCHOOL P.O.- BECHAMARI P.S.- DHING DISTRICT- NAGAON ASSAM PIN- 782123. 3: RAJIT KUMAR DEKA S/O- MANAGER DEKA ASSISTANT TEACHER BARAPUJIA HIGHER SECONDARY SCHOOL P.O.- NAGAON DISTRICT- NAGAON ASSAM PIN- 782103. Page No.# 2/8 4: RATUL KUMAR SAIKIA S/O- LATE BALORAM SAIKIA DHING PUBLIC HIGH SCHOOL P.O.- DHING DISTRICT- NAGAON ASSAM PIN- 782123. 5: KUSHAL GAYAN S/O- LATE PURNA KT. GAYAN ASSISTANT TEACHER RUPAHI HIGHER SECONDARY SCHOOL P.O.- RUPAHI DISTRICT- NAGAON ASSAM PIN- 782125. 6: ABDUL BARI KHANDAKER S/O- ABDUL KADDUS ASSISTANT TEACHER DOOMDOMIA BALISATRA HIGHER SECONDARY SCHOOL P.O.- BALISATRA DISTRICT- NAGAON ASSAM PIN- 782122. 7: PADUM CHANDRA BORAH S/O- MAHENDRA NATH BORAH ASSISTANT TEACHER JURIA HIGHER SECONDARY SCHOOL P.O.- JURIA DISTRICT- NAGAON ASSAM Page No.# 3/8 PIN- 782124. 8: RAJIB BORAH S/O- LATE MUHIDAR BORAH ASSISTANT TEACHER DOOMDOMIA BALISATRA HIGHER SECONDARY SCHOOL P.O. BALISATRA DISTRICT- NAGAON ASSAM PIN- 782122. 9: SADIQUE ANUWAR S/O- ABUL HASHIM ASSISTANT TEACHER BECHAMARI M.I. HIGHER SECONDARY SCHOOL P.O.- BECHAMARI DISTRICT- NAGAON ASSAM PIN- 782123. 10: USHA RANI KALITA D/O- LATE DEBA KANTA KALITA ASSISTANT TEACHER DARARGHAT HIGH SCHOOL P.O.-DARARGHAT DISTRICT- NAGAON ASSAM PIN- 782003. 11: JYOTI PRASAD BORAH S/O- LATE HALADHAR BORAH ASSISTANT TEACHER JAMUGURI BAPUJI HIGH SCHOOL Page No.# 4/8 P.O.- JAMUGURI DISTRICT- NAGAON ASSAM PIN- 7821429. 12: DULUMONI BORDOLOI D/O- LT. THULESWAR BORDOLOI ASSISTANT TEACHER DHING PUBLIC HIGH SCHOOL P.O.- DHING DISTRICT- NAGAON ASSAM PIN 782123 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 5:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT- NAGAON ASSAM Page No.# 5/8 PIN- 782001 Advocate for the Petitioner : MR. D C BORAH, MR. S CHAUHAN,MR. K M HASSAN Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 001.12.2025 Heard Mr. S. Chauhan, learned counsel for the petitioners. Also heard Ms. D. Musahari, learned Standing Counsel, Secondary Education Department, and Mr. R. Borpujari, learned Standing Counsel, Finance Department, for the respondents. 2. The grievance of the petitioners in this proceedings is for a direction to the respondent authorities to grant one advance increment on having been acquired the B.Ed. degree in terms of the Office Memorandum dated 07.03.1998. 3. The petitioners, 12 (twelve) in numbers, are Graduate Assistant Teachers working in different High Schools in the district of Nagaon, Assam. They were appointed in the year ranging from 1992 to 2001 under the Assam Secondary Education (Provincialisation) Service Rules, 1982. At the relevant point of time, the B.Ed. degree was not essential qualification for appointment as Graduate Assistant Teachers. The Government of Assam, through the Department of Secondary Education, has decided to provide one advance increment to those who have acquired B.Ed. degree after their appointments and such benefit Page No.# 6/8 continued to be granted until 2014. However, vide notification dated 22.10.2014, the said advance increment was discontinued, which was put to challenge in WP(C) No. 6241/2015 and this Court, by an order dated 16.02.2016, has set aside the said notification. Pursuant thereto, the Director of Secondary Education has directed the Inspectors of Schools to allow one advance increment to the eligible teachers. 4. It is the contention of Mr. S. Chauhan, learned counsel for the petitioners, that the petitioners are similarly situated teachers who have acquired their B.Ed. degrees during the course of their services, particularly ranging from 1989 to 2021. He submits that the petitioners are entitled to be provided one advance increment which has been extended by the Government to other similarly situated teachers. Referring to various judgments and orders of this Court, he submits that the issue has already been decided by this Court in favour of similarly situated teachers directing the grant of one advance increment. Therefore, he prays that the respondent authorities be directed to extend the same benefit to the petitioners forthwith. 5. Ms. D. Musahari, learned Standing Counsel, Secondary Education Department, by relying on the order of Division Bench of this Court in the case of Moktar Hussain Vs. The State of Assam & Ors., passed in WP(C) No. 994/2020, dated 26.11.2025, submits that the issue has now been settled as the Division bench, on reference, has disposed of the matter and directed the respondent authorities to pay one time additional/advance increment in accordance with the decision of the State as early as possible on having been considered the stand of the department that there are 438 numbers of such Page No.# 7/8 teachers out of whom only some are entitled for grant of additional/advance increment on having obtained B.Ed. degree. The Division Bench has also directed to pass a reasoned order while not granting the additional/advance increment to the left over teachers, who have not been benefited by the measure of the State. 6. It is stated at the Bar that in view of the order dated 26.11.2025, passed by the Division Bench of this Court in Moktar Hussain (supra), the case of the petitioners are also covered as the State has already undertaken exercise to identify the numbers of teachers who claims for grant of advance/ additional increment and the teachers who are entitled have already been identified. Therefore, the issue in the present proceedings would be covered by the aforesaid order of the Division Bench of this Court. The relevant portion of the order dated 26.11.2025 in Moktar Hussain (supra) is extracted herein below:- “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. 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.” Page No.# 8/8 7. Having considered that the issue of entitlement of one advance/additional increment has been settled by the Division Bench of this Court in the case of Moktar Hussain (supra), and as agreed to by the learned counsel for the parties, this Court is of the opinion that no further adjudication is required to be made as the Division Bench has decided the matter after consideration of the stand of the Secondary Education Department, whereby the teachers who are entitled for grant of one advance/additional increment out of total 438 numbers of such teachers have been identified. 8. In view of above, it would be appropriate to direct the respondents to consider the case of the petitioners as to whether the present petitioners fall within the 438 numbers of identified teachers or as to whether they are entitled for grant of additional/advance increment for having been obtained the B.Ed. degree in terms of the applicable policy. 9. Accordingly, the respondent authorities are directed to consider the case of the petitioners in terms of the order dated 26.11.2025, passed by the Division Bench of this Court in Moktar Hussain (supra). The exercise, as directed above, shall be completed within a period of 90 (ninety) days from today. 10. Writ petition stands disposed of. JUDGE Comparing Assistant