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Introduction of ACPS: The Assam government introduced the Assured Career Progression Scheme (ACPS) through Notification No. FPC 109/2010/42 dated 25.05.2011. The scheme aims to provide financial upgradations to employees who do not receive regular promotions, with two benefits granted after 10 and 24 years of service, respectively, if no promotion occurs within that period ["ASHOK KUMAR DAS vs THE STATE OF ASSAM AND 2 ORS - Gauhati"], ["MANNA LAL ROY vs THE STATE OF ASSAM AND 5 ORS - Gauhati"].
Main Features:
The scheme emphasizes that pay revisions or increments due to pay commissions are not considered as upgradations under ACPS ["Saroj Rani VS State of HP - Himachal Pradesh"].
Scheme Evolution:
The Modified ACPS (MACPS) introduced in 2017 allows for three upgradations at 10, 20, and 30 years, if no regular promotion is availed ["Mrinmoyee Sarma, W/o. Ranjan Adhikary VS State Of Assam, Represented By Commissioner And Secretary - Gauhati"].
Implementation and Benefits:
The scheme is policy-driven, and benefits are granted after due verification, with some cases requiring recalculations if benefits were incorrectly granted ["ASHOK KUMAR DAS vs THE STATE OF ASSAM AND 2 ORS - Gauhati"], ["Hirendra Nath Malakar Force No. 833090256 VS Union Of India - Gauhati"].
Legal and Administrative Clarifications:
The Assam ACPS aims to ensure career progression for employees stagnated due to lack of promotional opportunities by providing financial upgradations at specified intervals. The scheme has evolved from the old ACPS (1999) to the current MACPS (2017), expanding the number of benefits and clarifying exclusions such as pay revisions. Implementation involves screening committees, and benefits are granted based on service length without actual promotions. The scheme's policy nature means that benefits can be revoked if employees receive promotions or refuse upgradations, emphasizing its role as a supplementary mechanism for career advancement rather than a substitute for promotional avenues.
References:- ASHOK KUMAR DAS vs THE STATE OF ASSAM AND 2 ORS - Gauhati- Saroj Rani VS State of HP - Himachal Pradesh- Hirendra Nath Malakar Force No. 833090256 VS Union Of India - Gauhati- Pankjakshi Sharma VS State of H. P. - 2023 0 Supreme(HP) 371- Sunanda Ashok Sonawane VS District Judge - Bombay- Mahesh B. Kaliwal VS State of Goa - 2023 0 Supreme(Bom) 1749- Mrinmoyee Sarma, W/o. Ranjan Adhikary VS State Of Assam, Represented By Commissioner And Secretary - Gauhati- Union Of India VS N. M. Raut - Supreme Court- MANNA LAL ROY vs THE STATE OF ASSAM AND 5 ORS - Gauhati
In the realm of government service in Assam, the Assured Career Progression Scheme (ACPS) stands as a vital mechanism to combat career stagnation. Many employees face limited promotional opportunities, leading to financial and professional hardships. The question Acps Scheme of Assam often arises among state government workers seeking clarity on eligibility, benefits, and legal protections.
This blog delves into the ACPS framework, its operational details, and key judicial interpretations. Drawing from court rulings and government notifications, we explore how ACPS provides financial upgradations without equating to promotions. While this offers general insights, it is not legal advice—consult a qualified attorney for personalized guidance.
Notified by the Government of Assam on 25.05.2011, ACPS became operational from 01.01.2011. It grants two financial upgradations typically after 10 years and 24 years of service, targeting employees without promotions. Key features include:
This scheme echoes national efforts like MACPS but is tailored for Assam. For instance, clarifications emphasize that upgradations count from direct entry grades, superseding earlier schemes. Union of India VS Utpal Saikia - 2017 Supreme(Gau) 795
Assam courts have consistently upheld ACPS as conferring enforceable rights. In a pivotal ruling, the court directed the Director of Secondary Education, Assam to process a teacher's claim for further upgradation, deeming it a legal right post requisite service. Authorities must consider claims timely, with non-compliance amenable to writ petitions. Amal Athparia VS State of Assam Represented by The Commissioner and Secretary To The Govt. of Assam, Education Secondary Deptt. - 2018 0 Supreme(Gau) 6
Another case clarified second-benefit entitlements under the 01-07-2011 Government Resolution. The petitioner, denied after post conversion from Mukadam to Karkoon, succeeded as it wasn't a promotion or pay upgradation. The court quashed denials, stating: the petitioner was entitled to the Second benefit under the ACPS as the conversion... did not constitute a promotion or up-gradation in the pay scale. Pundlik, s/o. Pratapsingh Rathod VS State of Maharashtra, through its Chief Secretary, Finance Department - 2024 Supreme(Bom) 36
Courts distinguish ACPS from functional promotions. In Promotion and ACPS/MACPS, benefits under these schemes address stagnation but don't bar or replace promotions. Judicial intervention to mandate rule amendments for new avenues was declined: ACPS/MACPS are designed to address stagnation but do not replace functional promotions. A Chune VS Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi - 2017 0 Supreme(Gau) 351
Similarly, for teachers and staff, ACPS benefits were deemed sufficient for stagnation relief, with further promotion claims needing separate proceedings. RUPA RANI DEVI VS STATE OF ASSAM - 2017 0 Supreme(Gau) 179
While supportive, courts limit intervention to implementation, not policy overhaul. In Discretion in Creating Promotional Avenues, directives to amend rules or create posts were refused: judicial intervention cannot compel the government to frame rules or create promotional posts but can only ensure the proper implementation of schemes like ACPS. A Chune VS Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi - 2017 0 Supreme(Gau) 351
This restraint aligns with broader principles. For example, MACP (superseding ACPS nationally) grants upgradations at 10, 20, and 30 years in the same grade-pay, interpreted favorably for employees: the Scheme being in the nature of a welfare policy, has to be construed in favour of the employee concerned. Union of India VS Utpal Saikia - 2017 Supreme(Gau) 795
Related schemes like RACP in other states (e.g., Orissa) confirm financial upgradations for those with hierarchies, applicable post-10/20/30 years. State of Odisha VS Bihari Lal - 2016 Supreme(Ori) 289
Beyond core Assam rulings, comparative insights enrich understanding:
These reinforce ACPS's role without supplanting promotions, as seen in Sikkim Police contexts where ACPS/MACPS extend to specific cadres. Naresh Kumar Rai S/o Shri Kharga Bahadur Rai VS State of Sikkim, Through Chief Secretary, Government of Sikkim, Gangtok - 2020 Supreme(Sikk) 18
Judicial trends reveal:
Supreme Court influences uphold such measures as adequate for stagnation. Employees benefiting from ACPS generally cannot leverage it for promotions unless rules specify.
The ACPS in Assam offers legal assurance through financial upgradations, judicially validated as stagnation remedies. Courts enforce claims but refrain from reshaping policy, balancing employee rights with governmental autonomy.
Key Takeaways:- Verify eligibility: 10/24 years service without promotions.- Challenge denials via writs if criteria met.- ACPS ≠ Promotion; pursue separately.- Schemes like MACPS/RACP provide models for benefits.
References include: Amal Athparia VS State of Assam Represented by The Commissioner and Secretary To The Govt. of Assam, Education Secondary Deptt. - 2018 0 Supreme(Gau) 6A Chune VS Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi - 2017 0 Supreme(Gau) 351RUPA RANI DEVI VS STATE OF ASSAM - 2017 0 Supreme(Gau) 179Pundlik, s/o. Pratapsingh Rathod VS State of Maharashtra, through its Chief Secretary, Finance Department - 2024 Supreme(Bom) 36Union of India VS Utpal Saikia - 2017 Supreme(Gau) 795State of Odisha VS Bihari Lal - 2016 Supreme(Ori) 289Naresh Kumar Rai S/o Shri Kharga Bahadur Rai VS State of Sikkim, Through Chief Secretary, Government of Sikkim, Gangtok - 2020 Supreme(Sikk) 18
For Assam employees, ACPS signifies progress amid stagnation—stay informed and assert rights judiciously. This analysis synthesizes case law for broader understanding; professional advice is recommended for specific cases.
Last updated based on available judgments. Laws evolve—check official sources.
#ACPSAssam, #AssamGovtJobs, #CareerProgression
The Govt. of Assam, Finance (Pay Research Unit), Department issued Notification No. FPC 109/2010/42 dated 25.05.2011, by which the Assured Career Progression Scheme (ACPS) was introduced. ... The scheme known as the ACPS involves 2 financial up-gradations for employees of the Govt. of Assam, once after completion of 10 years of service and second, after completion of 24 years of service, if they do not get 1 regular promotion within the first 10 years of regular service and 2 regular p....
Careful perusal of communication dated 7th July 2014 whereby old ACP scheme came to be replaced by new ACPS, clearly reveals that annul increment or general pay revision shall not be considered as financial upgradation for the purpose of benefit, if any, under ACPS. ... Scheme dated 08.08.2012 (Annexure P-4) which stands clarified on 07.07.2014 (Annexure P-5) cannot be made the basis for denying the “Third Financial Up-gradation”, due on completion of 14 years of service w.e.f. 09.03.2014 in view of Clause 4(e) of New #H....
The Assured Career Progression Scheme, 1999, was given effect to on 09.08.1989 (Hereinafter referred to as ACPS, 1999). In terms of ACPS, 1999, the employees were granted financial up-gradation to the next higher grade pay when an employee completes 12 years of service. ... The grievance of the petitioner in a nutshell, raised in the instant writ petition is as regards non grant of benefit of third financial up-gradation in accordance with Assured Career Progression Scheme (ACPS) inasmuch as according t....
pay revision based on the pay commission, in fourteen years or more his/her entire service., thereafter, he will not be entitled for placement in next higher grade pay in the ACPS Scheme introduced vide FD’s instructions dated 9th August 2012. ... in terms of ACPS. ... in terms of ACPS opted by him. ... Pursuant to the provision contained in the new ACPS, petitioner gave an undertaking dated 24.8.2012 and opted out for new ACPS i.e. 4-9-14. ... Careful perusal of communication dated 7t....
In the meantime, the Finance (Pay Research Unit) Department, Government of Assam issued a Notification dated 25.05.2011, introducing the Assured Career Progression Scheme (ACPS) for the employees of the Government of Assam. ... Gauri Paul who was similarly appointed and got financial upgradation under the ACPS. The Secretary to the Government of Assam, Secondary Education Department came to the finding that the petitioner is not entitled to financial up-gradation as per the provisions ....
(c) The Time Bound Promotion Scheme (TBPS) declared in 1995, underwent a change of nomenclature as Assured Career Progression Scheme (ACPS).(d) The salient features of the ACPS are as under :- (i) It does not contemplate functional/ regular / actual promotion. ... of such scheme. ... The object of introducing the scheme on 8/6/1995, was to reduce frustration amongst employees who did not get promotion after 12 years due to lack of vacancies and were stagnated. An improvised s....
The Central Government, by Office Memorandum dtd. 9/8/1999, introduced the Assured Career Progression Scheme (ACPS) for the Central Government employees. ... under ACPS. ... The Petitioner complains about the denial of 1st and 2nd financial up-gradations under the Assured Career Progression Scheme (ACPS) in the scales due to the Petitioner and denial of 3rd financial up-gradation under the Modified Assured Career Progression Scheme (MACPS). 3. ... Further, despite the formulation of th....
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 ... There is an illustration given in Clause B(iv) of the Modif....
On 24-08-1996, the petitioner received the ‘first benefit’ of the Assured Career Progression Scheme (for short - ACPS). ... However, the petitioner has not completed his 24 years of service in the Class-III cadre and therefore he is not entitled to the Second benefits under the ACP Scheme. ... up-gradation in the pay scale or two promotions after receiving the first benefit under the ACPS. ... As per the Clarification given in Clause (3), it seems that on completion of 12 years of regular service after receiving the firs....
Existing time-bound promotion scheme, including in-situ promotion scheme, Staff' Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it ... In the case of all the employees granted financial upgradations under ACPS till 01.01.2006, their revised pay will be fixed with reference to the pay scale granted to them under the ACPS#HL_E....
That apart, a Notification dated 21.01.2019 was issued notifying uniform promotion avenues for the Follower under Sikkim Police service. In the said officiating promotion order, the petitioner was erroneously shown as Office Attendant while he was, in fact, a Cook under Sikkim Armed Police. An Assured Career Progression Scheme (ACPS) and a Modified Assured Career Progression Scheme (ACPS) were issued under revised Office Memorandum dated 18.08.2018, extending the same to the Follower of Sikkim Police.
In the present case, since the OMR sheets of the petitioners had been rejected by the computer, as such, they have been given 0' mark. Since, the petitioners did not follow the instructions and it was part of the examination, the APSC could not be faulted for not evaluating the answers and as such awarding of 0' mark in respect of General Studies also cannot be faulted. Under the scheme adopted by the Assam Public Service Commission (APSC). all the answers in the General Studies were to be evaluated by the computer only as per the format prescribed to which the candidates h....
The MACP Scheme was brought in super-session of the previous Assured Career Progression Scheme (ACPS). It has been made admissible whenever the employee has spent 10 years continuously in the same grade-pay. The three financial upgradations are to be counted from the direct entry grade on completion of the interval periods. Accordingly, the Office Memorandum dated 19.05.2009 was issued by the Ministry of Personnel, Public Grievances and Pensions granting 3(three) financial upgradations under the Scheme to the Central Government civilian employees at intervals of 10, 20 and ....
When the Government employee has no prospect of any promotion, for financial upgradation at first Government introduced Time Bound Advancement Scheme (in short TBA). Later the said scheme was converted to Assured Career Progression Scheme (hereinafter called ACPS). Under the Orissa Revised Scale of Pay Rules, 2008 (hereinafter called the Rules, 2008) the Government introduced Revised Assured Career Progression (RACP) Scheme for financial upgradation for 10, 20 and 30 years of service instead of earlier TBA at 15, 25 and 30 years of service in the original post or grade.
Accordingly, DACP would need to be retained in its existing form. The scheme also does not suffer from any of the short-comings evident in the extant scheme of Assured Career Progression. “The scheme of DACP is different from ACPS in the sense that the designation also changes under the former. The scheme, therefore, cannot be equated to that of ACPS.
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