Back
N. UNNI KRISHNAN NAIR
Damodar Das, Son of Late Motiram Das – Appellant
Versus
State of Assam, represented by the Principal Secretary to the Government of Assam, Higher Education Department – Respondent
JUDGMENT :
Heard Mr. J. Sarmah, learned counsel for the petitioner. Also head Mr. K. Gogoi, learned standing counsel, Education (Higher) Department representing the respondent Nos.1 & 3; Mr. K.K. Medhi, learned counsel representing the respondent No.2 and Mrs. D. Borpujari, learned counsel representing the respondent No.4.
2. The petitioner, on being selected, was initially appointed as a Laboratory Bearer in the Department of Botany in Rangia College vide order dated 07.04.1992. He joined in the said post on 20.04.1992. The petitioner claims to be in regular employment since the day of his initial appointment. The petitioner’s services were provincialized w.e.f. 01.12.2005 in terms of the provisions of the Assam College Employees (Provincialisation) Act, 2005. The grievance raised in the present proceeding is with regard to denial of the benefits to the petitioner flowing under the Assured Career Progression Scheme formulated by the State Government for its employees. Subsequently, the said Scheme was renamed as “Modified Assured Career Progression Scheme” (hereinafter referred to as “MACPS”).
3. Under the said Scheme, financial upgradation is extended to the employees on completi
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.
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....
MACPS regular service commences from regular absorption post-training; prior promotions counted against financial upgradations; no entitlement if not stagnant after multiple promotions.
Employees who have received sufficient promotions and financial upgradations are not entitled to additional benefits under the Modified Assured Career Progression Scheme.
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....
The court affirmed applicants' entitlement to financial upgradation under the Assured Career Progression Scheme, emphasizing eligibility due to completion of service years despite the introduction of....
The MACPS provides for financial upgradations based on service duration, distinct from promotions, and prior benefits under ACP must be considered for eligibility.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
