JUDGMENT :

Heard Mr. M. Nath, learned senior counsel, assisted by Mr. A. Bhattacharjee, learned counsel for the petitioners in W.P.(C) 4803/2016, Mr. U.K. Nair, learned senior counsel, assisted by Mr. R. Islam, learned counsel for the petitioner in W.P.(C) 4729/2016, W.P.(C) 4730/2016, and W.P.(C) 4489/2017. Also heard Mr. K. Gogoi, learned standing counsel for the Higher Education Department, representing respondent nos. 1 and 3 and Mr. A.

Khanikar, learned standing counsel for the N.C. Hills Autonomous Council, representing respondent nos. 2, 4 and 5.

2. By filing these writ petitions under Article 226 of the Constitution of India, the petitioners, who are currently working as Assistant Professors in Maibong Degree College have prayed for (i) setting aside and quashing the Office Memorandum (OM for short) dated 10.07.2015 issued by the Addl. Chief Secretary to the Govt. of Assam, Education (Higher) Department; (ii) setting aside and quashing the letter dated 29.03.2016 by the respondent no.4 in so far it concerns the petitioners; and (iii) for directing the respondents to pay the annual increment to the petitioners including the selection grade pay.

Case of the petitioners and submission by the learned senior counsel for the petitioners:

3. The case of the petitioners is that they were respectively appointed as Lecturer in Maibong Degree College, then a venture college as follows:-

Sl. no. Name and case Date of order of appointment Date of joining

1 Junu Devi WP(C) 4803/2016 21.02.2001 21.02.2001

2 Arup Kumar Deka WP(C) 4803/2016 05.01.2001 05.01.2001

3. Pranjit Sarma WP(C) 4730/2016 22.02.2001 24.02.2001

4. Parthajit Bhattacharjee WP(C) 4729/2016 07.02.2001 15.02.2001

5. Tapas Jyoti Barman WP(C) 4489/2017 03.01.2000 05.01.2000

4. The case of the petitioners is that on the date they were appointed, they had the requisite educational qualification to be appointed as Lecturer. Thereafter, vide communication dated 29.09.2001, the Additional Director of Education (Hills), Assam, Haflong (respondent no. 4) had informed the Principal, Maibong Degree College (respondent no.5) that their college was brought under “deficit system of grant-in-aid” with effect from 01.04.2001. It is projected that in due course of time, vide letter dated 15.05.2004, by the respondent no. 4 to the Principal, Maibong Degree College, the petitioners were given annual increment in their salary. It may be mentioned that although in para 16 of WP(C) 4489/2017, it has been stated that the petitioner, namely, Tapas Jyoti Barman had got annual increment, but no document to that effect has been annexed in his said writ petition.

5. Referring to the documents annexed to the writ petition, it has been submitted by the learned senior counsel for the petitioner that the petitioners were never put to notice that on their failure to successfully clear “National Eligibility Test” (NET for short), State Level Eligibility Test” (SLET for short) and/or “Doctor of Philosophy” (Ph.D. in short) within a time-frame, they would not become entitled to annual increment. It has also been submitted that at the time of entry of the petitioners in service, they had the requisite educational qualification for which the OMs dated 02.06.2004, 26.07.2004, 10.07.2015, etc. on requirement to clear NET/SLET/Ph.D. as a precondition for being granted annual increment could not be applied on the petitioners, which would have prospective application and could not have retrospective applicability.

6. It has also been submitted that the petitioners were granted annual increment vide order dated 15.05.2004 issued by the respondent no. 4 and the petitioners were also granted senior scale of pay vide order dated 20.02.2009 issued by the respondent no. 4. It was submitted that the respective services of the petitioners were confirmed by order dated 06.08.2007 and the service of the rest were confirmed by order dated 24.03.2016, both issued by the respondent no. 4. Thus, it has been su