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

PIN- 782103.

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 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 PIN- 782003.

11: JYOTI PRASAD BORAH S/O- LATE HALADHAR BORAH ASSISTANT TEACHER JAMUGURI BAPUJI HIGH SCHOOL P.O.- JAMUGURI DISTRICT- NAGAON 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 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 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 th