Sri Alakesh Mazumdar and 8 Ors. Vs the State of Assam and 2 Ors.

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GAHC010195312025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/5055/2025

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SRI ALAKESH MAZUMDAR AND 8 ORS. SON OF KHAGENDRA NATH MAZUMDER, ASSISTANT TEACHER, NALBARI GIRLS HIGH SCHOOL DOA- 04-02-2010, R/O W-15, P.O. GOPAL BAZAR VILL- BALIKHORIA, KHARJARA, NALBARI, ASSAM, PIN-781353.

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2: SRI BINAY KUMAR DEKA SON OF DWIJENDRA NARAYAN DEKA

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ASSISTANT TEACHER

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DOA- 24-02-1992 HARIBHANGA HIGH SCHOOL R/O VILL- SANDHELI P.O. HARIBHANGA NALBARI ASSAM PIN-781378

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3: SRI BIKUL CHANDRA DEKA S/O ADIT CHANDRA DEKA

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ASSISTANT TEACHER CUM HEADMASTER IN-CHARGE SWAHID MUKUNDA KAKATI VIDYAPITH HIGH SCHOOL

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DOA- 25-02-1992 RANAKUCHI

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R/O VILL- CHAMARKUCHI P.O. SANEKUCHI NALBARI ASSAM PIN-781350

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4: MD. KHALILUR RAHMAN S/O ABDUL GANI

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ASSISTANT TEACHER CUM I/C HEADMASTER LACHIMA HIGH SCHOOL

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DOA-16-03-1992 R/O VILL- SIDALKUCHI LACHIMA P.O. LACHIMA DIST. NALBARI ASSAM PIN-781312.

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5: SMTI. MANJU RANI BARO

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W/O JITEN BORO ASSISTANT TEACHER P.B. ALLIA HIGH SCHOOL DOA- 22-08-2007 R/O VILL- BARAJOL

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P.O. BARAJOL DIST. NALBARI ASSAM PIN-781369.

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6: SRI APURBA KR. SARMA S/O BANI KANTA SARMA ASSISTANT TEACHER CUM I/C HEADMASTER MAKHIBAHA ADARSHA MADHYAMIK BIDYALAYA DOA- 28-02-1995 R/O VILL- MAKHIBAHA P.O. KHUDRA MAKHIBAHA

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DIST. NALBARI ASSAM PIN-781374. 7: SRI BIPUL KR BHATTACHARRYA

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S/O SASHIMOHAN BHATTACHARYYA POST GRADUATE TEACHER (EDN) DOA-01-02-2001 KAMPITH SENIOR SECONDARY SCHOOL KAITHALKUCHI R/O TIHU SOLMARA PATH

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BARMAKHIBAHA (DEKAPARA) BAR MAKHIBAHA NALBARI ASSAM PIN-781374. 8: SRI NIRANJAN BARMAN S/O NABIN BARMAN ASSISTANT TEACHER CUM IN-CHARGE HEADMASTER GOBARADAL MILAN HIGH SCHOOL DOA-19-11-1991 R/O VILL AND P.O. GOBARADAL DIST. NALBARI ASSAM PIN- 781370 9: SMTI. BARNALI DEKA W/O DIPU KUMAR DEKA ASSISTANT TEACHER NALBARI GIRLS HIGH SCHOOL DOA-22-08-2007 R/O 108 VILL AND P.O. BALILECHA KAMARKUCHI ROAD NALBARI ASSAM PIN-781334 VERSUS

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THE STATE OF ASSAM AND 2 ORS.

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REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION, DEPARTMENT, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019 3:THEINSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE

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NALBARI DIST. NALBARI ASSA

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Advocate for the Petitioner : MR. S SUTRADHAR, MR. B PURKAYASTHA

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Advocate for the Respondent : SC, SEC. EDU.,

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BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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10.09.2025

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Heard Mr. B. Purkayastha, learned counsel for the petitioners and also heard Mr. U. Sarma, learned standing counsel for the respondents in Secondary Education Department.

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2. This petition under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities, more particularly the respondent No.3, to grant the benefit of one advance increment on account of procurement of B.Ed. degree and to pass similar order as has been passed in WP(C) No.4005/2021, dated 16.09.2021.

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3. Mr. Purkayastha, learned counsel for the petitioners submits that the petitioners are presently serving as Assistant Teachers/Post Graduate Teachers in different High/Higher Secondary Schools in the district of Nalbari. They were appointed prior to 03.07.2012, i.e. before the amendment of the Assam Secondary Education (Provincialized) Service Rules, 2003 and they have obtained their B.Ed. degrees and therefore, they are entitled to one advance increment on account of the said B.Ed. degree, and as the same has not been granted to the petitioners, they have jointly approached this Court praying for similar direction, as has been passed by this Court in WP(C) No.4005/2021, vide order dated 16.09.2021.

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4. Mr. Purkayastha, drawing the attention of this Court to Annexure-6B at page No.83

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of the petition, submits that after the order being passed by this Court on 16.09.2021 in WP(C) No.4005/2021, the respondent authorities have extended the benefit of one advance increment to one Jatin Kr. Baruah, Graduate Teacher, who was the petitioner in WP(C) No.4005/2021 and under such circumstances, Mr. Purkayastha has contended to extend the similar benefit to the present petitioners also.

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5. On the other hand, Mr. Sarma, learned standing counsel for the respondents in Secondary Education Department submits that at this stage, only notice may be issued, as after the order being passed by this Court in WP(C) No.4005/2021, the State has preferred one writ appeal, being WA No.336/2017 and the same was disposed of vide order dated 12.05.2022 on the ground of being infructuous and thereafter, the Director of Secondary Education has written one letter on 21.08.2018 requesting the Inspector of Schools, not to act upon the office letter No.GB-EST/B.Ed. Increment/1/2016/41, dated 21.07.2016 until further order.

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6. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the order dated 16.09.2021, passed by this Court in WP(C) No.4005/2021 and the speaking order dated 16.08.2025, passed by the Inspector of Schools, NDC, Nalbari and also the order of the Division Bench of this Court dated 12.05.2022, in WA No.336/2017 and the letter of the Director of Secondary Education, Assam, dated 21.08.2018.

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7. Mr. Sarma, learned standing counsel for the respondent authorities has not disputed that the present petitioners are also covered by the order being passed by this Court dated 16.09.2021 in WP(C) No.4005/2021 and pursuant to the order dated 16.09.2021, one petitioner of the WP(C) No.4005/2021 has been extended the benefit of one advance increment. And after perusing the aforementioned order and also considering the submission of the learned counsel for both the parties, this Court is of the view that the case of the petitioners is covered by the order dated 16.09.2021.

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8. Under the given facts and circumstances, this Court is inclined to dispose of this petition by directing the respondent authorities to verify the case of the present

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petitioners in the light of the direction given by this Court in the order dated 16.09.2021 and if they are found eligible, then the said benefit shall be extended to them. Let the aforementioned exercise shall be carried out within a period of 3(three) months from the date of receipt of certified copy of this order. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of one week from today.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Sri Alakesh Mazumdar and 8 Ors. v. the State of Assam and 2 Ors.

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Sri Alakesh Mazumdar and 8 Ors. v. the State of Assam and 2 Ors.

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