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DEVASHIS BARUAH
Mrinmoyee Sarma, W/o. Ranjan Adhikary – Appellant
Versus
State Of Assam, Represented By Commissioner And Secretary – Respondent
JUDGMENT :
1. Heard Mr. K. Goswami, the learned Senior counsel assisted by Mr. A. Sandilya, Advocate appearing on behalf of the petitioner and Mr. B. Choudhury, the learned Standing counsel appearing on behalf of the respondent Nos. 1 and 5. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the respondent Nos. 2, 3 and 4.
2. The case of the petitioner is that the petitioner was appointed on 07.05.1997 temporarily on probation as the Inspector of Taxes in the regular scale of pay plus other allowances admissible from time to time under the Rules w.e.f. the date of joining at the Assam Administrative Staff College, Khanapara, Guwahati.
3. Subsequent thereto, on 30.05.2014, the services of the petitioner was confirmed in the cadre of Inspector of Taxes without prejudice to her seniority w.e.f. 05.02.2014 against the existing permanent vacancy. Thereupon, on 17.12.2016, the petitioner was promoted and appointed temporarily as the Superintendent of Taxes until further orders under Regulation 4(d) of the Assam Public Service Commission (Limitation of
The main legal point established is that the petitioner was entitled to the benefits under the MACPS, and the denial of such benefits due to erroneous actions by the authorities was unsustainable.
Employees who have received sufficient promotions and financial upgradations are not entitled to additional benefits under the Modified Assured Career Progression Scheme.
Retired employees are entitled to financial upgradation under the ACP Scheme from the date of re-musteration, as it is not considered a promotion.
The correct calculation of benefit dates and the impact of the currency of punishment on entitlement to financial up-gradation under the ACPS and MACPS schemes are crucial legal principles establishe....
The court established that employees in isolated posts are entitled to financial upgradations under the ACPS and MACPS, and that any discriminatory treatment in awarding these benefits violates const....
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