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GAHC010267092022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/8437/2022 SYED SHAH KAMAL SHAH

S/O LATE SYED SHAHAN SHAH, R/O VILL- BANBARI, P.O.-BHELLA, DIST-

BARPETA, PIN-781309

VERSUS

THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT (SECONDARY),

DISPUR, GUWAHATI, ASSAM

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA

GUWAHATI-19

3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT

DISPUR GUWAHATI-6

4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE

BARPETA DIST-BARPETA

ASSAM

5:THE SCREENING COMMITTEE CONSTITUTED UNDER ASSURED CAREER PROGRESSION SCHEME

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2011 REPRESENTED BY ITS CHAIRPERSON CUM INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA

DIST-BARPETA ASSA

Advocate for the Petitioner : MR. D CHOUDHURY, MR J DAS,MR T CHAKRABORTY

Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,SC, FINANCE

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

01.04.2026 Date :

Heard Mr. T. Chakraborty, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing Counsel, Secondary Education Department as well as Mr. A. Chaliha, learned Standing

Counsel, Finance.

2. By filing this petition, the petitioner has prayed for a direction to grant financial upgradation as per Modified Assured Career Progression Scheme (MACPS) as notified vide notification dated 6^th July,

2017.

3. The case, in brief, is that pursuant to the advertisement dated 03.09.1991, inviting application for various posts of teacher in Secondary Education Department, the petitioner was appointed as Assistant Teacher (Science) at Nehru Girls High School in Barpeta district. At the time of appointment, the petitioner was wrongly provided the intermediate scale of pay i.e. Rs.1185/ – Rs. 2395/ instead of

graduate scale of pay.

4. However, the same was corrected/modified to graduate scale of pay of Rs.1375/ – Rs.3375/ per-month vide order dated 30.12.1993, consequent to which, the Inspector of School, Barpeta District Circle, Barpeta has issued an order for upgradation of the intermediate scale of pay to graduate scale of

pay.

5. It is the contention of the petitioner that despite upgradation of scale of pay from intermediate scale of pay to graduate scale of pay way back in 1993, the respondent authorities have illegally refused

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to grant financial upgradation under MACPS.

6. It is submitted at the Bar that similar issue involving appointment of persons as Assistant Teacher pursuant to the same advertisement dated 03.09.1991 and the appointment orders, this Court vide order dated 19.06.2019 in WP(C) 2397/2025 (Sailendra Nath Das & Ors. Vs- State of Assam & Ors.) has already dealt with and granted relief to the petitioners in those cases, therefore, similar relief

may be provided to the petitioner in the present case.

7. This Court vide an order dated 19.06.2018 has dealt with similar issue as involved in the writ petition being WP(C)/ 2397/2025, which is reproduced herein below:-

“6. The advertisement dated 3.9.1991 states that the pay scale of Graduate Science Teacher and Assistant Teacher of Secondary Schools shall be Rs.1375-3375/- per month. However, the appointment orders of the petitioners issued between 28.3.1992 and 29.9.1993 show that they had been given the pay scale of Rs.1185-2395/- per month, which is not in consonance with the pay scale given in the advertisement. 7. The Notification dated 30.12.1993 has upgraded the pay scale of the petitioners to Rs.1375-3375/- per month from the date of issue of the order. The question here is whether the upgradation of the petitioners’ pay scale from intermediate pay scale to graduate pay scale vide Notification dated 30.12.1993 can be said to be an upgradation of the petitioners’ post. Further, whether the upgradation of the pay scale of petitioners, by way of the Notification dated 30.12.1993, can be the basis for den