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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Dibakor Phukan, S/o. Sri Ageswar Phukan – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary – Respondent
| Table of Content |
|---|
| 1. factual background of absorption from asmidc to irrigation department. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. preliminary judicial scrutiny of claims and non-interference with specific communications. (Para 8 , 9 , 10 , 12) |
| 3. arguments concerning counting past corporate service for acp/macp eligibility benefits. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. judicial assessment of administrative schemes and past service calculation history. (Para 22 , 23 , 24 , 25) |
| 5. past service in absorbed organizations counts for career progression and recovery is prohibited. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. granting pension release and prohibiting recovery of prior financial benefits. (Para 33 , 34 , 35) |
JUDGMENT :
RAJESH MAZUMDAR, J.
This writ petition was heard on 30.01.2026, 24.02.2026 and was reserved for judgment after the concluding arguments had been advanced on 27.02.2026. Mr. S. Borthakur, learned counsel, appeared for the petitioner, while Mr. B. Gogoi, learned Additional Advocate General, appeared for the State respondents. Mr. R. K. Talukdar, learned Standing Counsel for the Accountant General, appeared for the respondent Nos. 5 and 6, while Mr. N. Upadhyay
Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.
Past service should be counted for ACP/MACP benefits if it has been protected under pension rules, irrespective of pay grade changes.
Benefits under the Assured Career Progression Scheme cannot be withdrawn retroactively due to later-found ineligibility if originally granted after meeting eligibility criteria.
The entitlement to benefits under the ACP Scheme was not automatic and was subject to review and consideration by the employer. The nature of benefits under the MACP Scheme was considered as incentiv....
The main legal point established in the judgment is that the regular service for the purpose of ACP benefits should commence from the date of absorption, as per the MACP Scheme.
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