LOKMAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. R. Bhuyan, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing counsel, Higher Education Department for the respondent Nos. 1 & 2. Also heard Mr. A. Chamuah, learned Standing counsel, University Grant Commission (UGC) for the respondent No. 4.

(2.) Pursuant to the order of the Court dated 25.11.2019 passed in WP(C) No. 8647/2019 that was preferred by the petitioner, the Director of Higher Education, Assam, after obtaining the necessary information from the UGC and the Registrar of Magadh University, respondent Nos. 4 and 5 respectively, issued a speaking order dated 21.11.2020 allowing 5 (five) non-compounded advance increments to the petitioner w.e.f. 01.01.2013 for acquiring Ph.D., who is serving as an Assistant Professor in History at Barkhetri College, Mukalmua, Nalbari. Accordingly, pay of the petitioner has been enhanced to Rs. 24,840/- in the scale of pay Rs. 15,600/- to Rs. 39,100/- plus Grade pay Rs. 6000/- giving such financial effect from 01.01.2013 fixing his next date of increment on 01.07.2013.

(3.) However, two days thereafter, by the impugned order under No. DHE/CE/Misc-161/2017/28 dated 23.11.2020, the Director of Higher Education, Assam cancelled the said speaking order dated 21.11.2020 by which the petitioner was granted 5 (five) non-compounded advance increments on acquiring his Ph.D. on finding that the Commissioner of Examination, Magadh University, Bodh Gaya by communication dated 27.03.2019 informed the Deputy Superintendent of Police, Chief Minister's Special Vigilance Cell, Assam, stating that the Ph.D. Certificate of Md. Lokman Ali for Ph.D. examination held in the month of July, 2008, on being verified by the said University, found to be fake and forged and that the said matter is subjudiced before this High Court in WP(C) No. 371/2020 (Annexure-13).