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IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Mrinmoyee Sarma, W/o. Ranjan Adhikary - Petitioner
Versus
The State Of Assam, Represented By Commissioner And Secretary and Ors. – Respondents
WP(C) No.4338 Of 2022
Decided On : 29-03-2023
Constitution of India, 1949 – Article 14 – Assam Public Service Commission (Limitation of Function) Regulation, 19 – Regulation 4 – Equality before Law – Superintendent of Taxes – Limitation of Function – Learned Senior counsel assisted Advocate appearing on behalf of petitioner learned Standing counsel appearing respondent heard learned Standing counsel appearing on behalf of respondent – Held, Court necessity for consequential directions to the respondent authorities to re-fix pension of petitioner by taking into account said financial upgradation – Court that such consequential directions are necessary for ends of justice – Learned Standing counsel appearing respondent submitted Department has sent format by proposal has to be sent process of sending such proposal in that manner so directed by Finance (PRU) Department – Court is not inclined to impose costs.
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 Function) Regulation, 1951 in the Pay Band-4 of Rs.12,000-Rs.40,000/-with Grade Pay of Rs.5,400/-plus other allowances. The petitioner joined her promotional post on 19.12.2016. The petitioner during the pendency of the instant writ petition retired on 30.06.2022.
4. The case of the petitioner herein is that the Government of Assam had introduced the Modified Assured Career Progression Scheme (MACPS) dated 06.07.2017. In terms with the said scheme, it shall include grant of financial upgradation three times in the entire service period which is on completion of 10 years, 20 years and 30 years to those employees who do not get one regular promotion within the first 10 years or two regular promotion/ACPS benefit within 20 years or three promotion/ACPS benefit within 30 years of regular service. There is an illustration given in Clause B(iv) of the Modified Assured Career Progression Scheme (MACPS) notification dated 06.07.2017 which would clearly show that if the length of service is 10 years and there is no promotion/ACPS benefit/MACPS benefit availed, then the person concerned would be entitled to one increment. However, if there has been a promotion within the period of this 10 years or had taken ACPS benefit/MACPS benefit, then the employee would not be entitled to any increment. In the case of 20 years of service, if there has been no promotion/ACPS benefit/MACPS benefit, then the entitlement would be for two increments. However, if there is one promotion/ACPS benefit/MACPS benefit availed, then the entitlement would be for further one increment. The illustration at para B(iv) being relevant which is in a tabular form is extracted hereinunder:
| Service length from date of joining | No. of promotion/ACPS benefit/MACP benefit availed | Entitled benefit that can be granted |
| 10 years | A None | 1 increment |
| B One | None | |
| 20 years | A None | 2 Increments |
| B One | 1 Increment | |
| C Two | None | |
| 30 years | A None | 3 Increments |
| B One | 2 Increments | |
| C Two | 1 Increment | |
| D Three | None |
5. It appears on record that the petitioner’s entry into the Government service was on 15.05.1997 and her total length of service as on 01.01.2018 was 20 years 5 months 17 days. The petitioner got only one promotion to the post of Superintendent of Taxes on 17.12.2017. However, the petitioner had not received one increment which she is otherwise entitled to in terms with the notification dated 06.07.2017. It is because of the said, the petitioner is before this Court.
6. The petitioner has also enclosed a notification dated 24.03.2021 to the writ petition wherein a person who was appointed as the Superintendent of Taxes on the same date on which the petitioner was appointed as the Inspector of Taxes have been granted one Financial Upgradation after taking
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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