PARESH CH. DAS AND 6 ORS v. THE STATE OF ASSAM AND 2 ORS
WP(C)/1450/2025 · 2025-03-11
Robin Phukan
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9148 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9148 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1450/2025 PARESH CH. DAS AND 6 ORS ASSISTANT TEACHER OF H.S. BANI BIDYAPITH, CHANMAGURI, S/O- LATE BHUBAN CH. DAS, RESIDENT OF VILL AND P.O - DHOLKUCHI, IN THE DISTRICT OF TAMULPUR, ASSAM, PIN- 781354.
2: ABOU BAKKAR SIDDIQUE ASSISTANT TEACHER OF H.S BANI BIDYAPITH CHANMAGURI AGE ABOUT- 58 YEARS S/O- HABIBOR RAHMAN RESIDENT OF VILL- BARANGHOLI P.O- CHANMAGURI IN THE DISTRICT OF KAMRUP ASSAM PIN- 781380.
3: ABDUL MATLEB ALI ASSISTANT TEACHER OF H.S BANI BIDYAPITH CHANMAGURI S/O- LATE KASHIM ALI RESIDENT OF VILL- KACHARI SOLMARI P.O - P.S- RANGIA IN THE DISTRICT OF KAMRUP ASSAM PIN- 781354.
4: KAILASH KALITA AN ASSISTANT TEACHER OF H.S BANI BIDYAPITH CHANMAGURI S/O- LATE DEHI RAM KALITA RESIDENT OF VILL AND P.O- PITAMBAR (JAYANTIPUR) P.SRANGIA IN THE DISTRICT OF KAMRUP ASSAM
Page No.# 2/5 PIN- 781354.
5: HEM CHANDRA DEKA AN ASSISTANT TEACHER (SCIENCE) OF PADUM KUWARI BALIKA HIGH SCHOOL DAGAON S/O- LATE DHARMESWAR DEKA RESIDENT OF VILL- SAJEI P.O.- DAGAON IN THE DISTRICT OF KAMRUP ASSAM PIN- 781133.
6: HANIFUDDIN AHMED AN ASSISTANT TEACHER OF RANGIA H.S. SCHOOL S/O- LATE HUSSAIN ALI RESIDENT OF TOWN- WARD NO. B RANGIA P.O. AND P.S- RANGIA IN THE DISTRICT OF KAMRUP ASSAM PIN- 781354.
7: BAHARUL ISLAM ASSISTANT TEACHER OF KARARA PATIDARRANG HIGH SCHOOL S/O- TAMUZ ALI RESIDENT OF VILL - P.O- SALEDAL IN THE DISTRICT OF KAMRUP ASSAM PIN- 781121 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPAFTMENT, DISPUR, GUWAHATI, PIN- 781006.
2:THE DIRECTOR OF SECONDARY EDUATION ASSAM KAHILIPARA GUWAHATI IN THE DISTRICT OF KAMRUP(M) ASSAM PIN- 781019.
3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE
Page No.# 3/5 AMINGAON DISTRICT- KAMRUP ASSAM PIN- 781031 Advocate for the Petitioner : MR. M KALITA, MR M BASUMATARI,MR. N M DAS,MR. J HATIMURIA Advocate for the Respondent : SC, SEC. EDU.,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER Date : 12.03.2025 Heard Mr. M. Kalita, learned counsel for the petitioners. Also heard Mr. M. Sharma, learned Standing counsel for the Secondary Education Department and Mr. S. R Rabha, learned Standing counsel for the BTC.
2. The petitioners herein are serving as Assistant Teachers in different High schools/Senior Secondary Schools in the State and in course of their employment they had acquired their higher qualification of B.T/B.Ed degree from NCTE/UGC recognized Universities and Colleges approved by the NCTE/UGC. In the circumstance, the petitioners claim for one advance increment upon obtaining their B.T/B.Ed degree as provided in the Office Memorandum No.FEG.1/98/1 dated 07.03.1998 of the Commissioner and Secretary to the Government of Assam in the Department of Finance.
3. It has been brought to the notice of the Court that the said provision was withdrawn by a subsequent notification No.ASE.229/2014/153 dated 22.10.2014, but the same was assailed in WP(C)No.6241/2015 and by the
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judgment dated 16.02.2016, the notification withdrawing the benefit of one advance increment was interfered with by this Court. In the circumstance, the petitioners claimed that they are entitled to a direction for payment of one advance increment.
4. The petitioners also claimed that the individual petitioners have filed representations before the Inspectors of Schools of different districts, claiming benefit of one advance increment, but the said request has not been attended to by the concerned Inspectors of Schools.
5. In the circumstance, the petitioners prayed that a direction be issued to the respective Inspectors of Schools of the different districts of Assam to consider the claim of the petitioners for one advance increment and to pass a reasoned order on the entitlement of the petitioners.
6. Mr. S. R. Rabha, learned counsel for the authorities under the BTC and Mr. M. Sharma, learned counsel for the authorities under the Secondary Education Department, Assam do not object to the aforesaid limited relief sought for by the petitioners.
7. In the circumstance, this writ petition stands disposed of by directing the respective Inspectors of Schools of different districts before whom the petitioners have submitted their respective representations to give a
consideration to the claim for one advance increment as indicated above and to pass a reasoned order on the same.
8. To expedite the matter, the petitioners shall file a fresh copy of the same representations before the respective Inspectors of Schools and upon the same being submitted, the Inspectors of Schools shall pass a reasoned order thereon within a period of 30 days of the subsequent submission of the representations.
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9. Writ petition stands disposed of in the above terms.
JUDGE Comparing Assistant