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2026 DAILYLAW 11451 (GAU)

SRI GAGAN GAYARY ALIAS GAGAN GAYARI v. THE STATE OF ASSAM AND OTHERS

WP(C)/4013/2026 · 2026-07-30

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010158902026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4013/2026 SRI GAGAN GAYARY ALIAS GAGAN GAYARI HINDI TEACHER OF MILAN HIGH SCHOOL, NARAYANPUR, AGED ABOUT- 54 YEARS, S/0- LATE KIRAN CH. GAYARY, RESIDENT OF VILL NO. 1 BHOGPARA, P.O-NARAYANPUR, IN THE DISTRICT OF BAKSA, ASSAM, PIN- 781372. 2: SRI RAM MOHAN BISWAS ASSISTANT TEACHER OF KAWLI HIGH SCHOOL AGE ABOUT- 55 YEARS S/O- LATE AMAR CHAND BISWAS RESIDENT OF VILLTARUNGAON P.O KAWLI P.S- TAMULPUR IN THE DISTRICT OF TAMULPUR ASSAM PIN781360. 3: SRI HEMANTA NATH SANSKRIT TEACHER OF BAHBARI HIGH SCHOOL AGED ABOUT- 47 YEARS S/O- LATE KIRAN CH. NATH RESIDENT OF VILL- UTTAR BARTARI P.O ANANDA BAZAR IN THE DISTRICT OF BAKSA ASSAM PIN- 78131 VERSUS THE STATE OF ASSAM AND OTHERS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, Page No.# 2/4 DISPUR, GUWAHATI, PIN- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI IN THE DISTRICT OF KAMRUPM ASSAM PIN781019. 3:THE DIRECTOR OF EDUCATION B.T.R. KOKRAJHAR BTR ASSAM PIN- 783370. 4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR DISTRICT - BAKSA ASSAM PIN - 78137 Advocate for the Petitioner : MR. J HATIMURIA, MR. N M DAS,MR. M KALITA,MR M BASUMATARI Advocate for the Respondent : SC, SEC. EDU., SC. BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.07.2026 Heard Mr. M. Kalita, learned counsel for the petitioners. Also heard Mr. BC Muchahary, learned Standing Counsel, BTC for the respondents. 2. The instant writ petition is taken up for disposal at the motion stage itself. Page No.# 3/4 3. The case of the petitioners herein is that the petitioner No.1 was appointed as Hindi Teacher at Milan High School, Narayanpur, the petitioner No.2 was appointed as Assistant Teacher at Kawli High School and the petitioner No.3 was appointed as Sanskrit Teacher at Bahbari High School. It is submitted that the petitioners are the B.Ed. Degree holders and therefore, they are entitled to one advance increment which however been denied to the petitioners. The learned counsel for the petitioners has submitted that the Co- ordinate Benches of this Court have also passed orders directing necessary verification in that regard and for passing appropriate orders if upon verification it has been found that the petitioners have the B.Ed. Degree in question. In that regard, reference have been made to the order dated 29.07.2021 passed in WP(C) No.3384/2021. 4. Taking into account the directions passed in the order dated 29.07.2021 in WP(C) No.3384/2021 as well as the directions issued by the Joint Director of Secondary Education Department vide order dated 21.07.2016, this Court is also of the opinion that if the petitioners have acquired the B.Ed. Degree from UGC recognized university with NCTE approved B.Ed. Colleges and joined the institution before 03.07.2012, then the petitioners would be entitled to one advance increment. This aspect of the matter however would require a verification to be carried out in the level of the Inspector of Schools i.e. the Page No.# 4/4 respondent No. 4 herein. 5. Considering the above, this Court disposes of the writ petition thereby directing the petitioners herein to submit fresh individual representation to the concerned Inspector of Schools along with a certified copy of the instant order and the concerned Inspector of Schools thereupon shall make necessary verification as to whether the petitioners have obtained B.Ed. Degree from UGC recognized university and NCTE approved B.Ed. Colleges and had joined their services before 03.07.2012. The respondents will verify the individual claims of the petitioners and only if they satisfy the requirements specified under the communication dated 21.07.2016 issued by the Joint Director, Secondary Education Department, Kahilipara to all the Inspectors of Schools specifying, the conditions for grant of one advanced increment for acquiring B.Ed. Degrees, they shall be granted the said benefit. The matter be decided by the concerned Inspector of Schools within a period of 60 (sixty) days from the date of receipt of a certified copy of this order and any such order that is passed, copy thereof be served on the petitioners. 6. The writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant