Gauhati High Court
Nagaon vs The State Of Assam And 3 Ors on 9 January, 2026
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/2
GAHC010135932021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4376/2021
BISWAJIT DAS
S/O LATE CHABIRAM DAS
RESIDENT OF J.B ROAD, KOLONGPAR, AMOLAPATTY, 782003, DIST
NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, MINISTRY OF
EDUCATION, GOVT. OF ASSAM,JANATA BHAWAN DISPUR, GUWAHATI 06
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA
GUWAHATI 19
3:THE DEPUTY DIRECTOR
HIGHER EDUCATION DEPARTMENT
KAHILIPARA
GUWAHATI 19
4:NAGAON GIRLS COLLEGE
REPRESENTED BY ITS PRINCIPAL AND SECRETARY
NAGAON
DIST NAGAON
ASSAM 782002
5:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
THIRD FLOOR
CHIEF MINISTERIAL BLOCK
JANATA BHAWAN
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR. P MAHANTA, MS. P SAHARIA
Advocate for the Respondent : SC, HIGHER EDU, MR. D UPAMANYU , SC,
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EDUCATION(HIGHER) DEPT. (R-1 to 3),MR. R BORPUJARI, SC, FINANCE DEPT. (R-5),MR. U J
SAIKIA (R-4)
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 09.01.2026 Withdrawal of the three advance increments given to the petitioner on account of securing Ph.D Degree has prompted him to approach this Court through this writ petition.
Initially, Finance Department was not made a party but later on, when it was made a party, an affidavit was filed and a stand has been taken that Teachers in service who were awarded Ph.D Degree under the earlier Scheme/Regulation on or after 01.01.2006 shall be entitled to three non- compoundable increments subject to the Ph.D being in the relevant discipline of employment and one advance increment in case of teachers in service who have been awarded M.Phil Degree. The Finance approval has been annexed as Annexure-A to the affidavit-in-opposition filed by the respondent No.5.
Mr. D. Upamainya, learned Standing Counsel, Higher Education Department however submits that he may be given some time to seek instructions in this matter.
In view of above, list the matter on 17.02.2026.
JUDGE Comparing Assistant