GUWAHATI, India, Aug. 12 -- Gauhati High Court issued the following order on July 14:

1. Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Mushahary, learned Standing Counsel, Secondary Education Department representing the respondent no. 1, 2, 4 & 5 as well as Mr. A. Chaliha, learned Standing Counsel, Finance Department representing the respondent no. 3.

2. The petitioner, by way of instituting the present proceeding has raised a grievance with regard to the denial of the benefits flowing to her in terms of the Assured Career Progression Scheme (ACPS), notified vide Notification dated 25.05.2011. The petitioner has prayed for grant of two financial up-gradation benefits under the ACP Scheme as well as a 3rd financial up-gradation benefit under the Modified Assured Career Progression Scheme (MACPS), notified vide the Notification dated 06.07.2017.

3. The facts in brief requisite for adjudication of the issue arising in the present proceeding are noticed as below: -

In pursuance to an advertisement dated 03.09.1991, inviting applications from eligible candidates, amongst others, for the post of Graduate Science Teacher, Assistant Teacher (Science), and Hindi Teacher etc., the petitioner, being eligible, submitted her candidature for the post of Assistant Teacher (Science). The petitioner appeared in the selection process so conducted in pursuance to the said advertisement dated 03.09.1991. The petitioner was selected for appointment against the advertised post of Assistant Teacher. It is to be noted that in the advertisement, the scale of pay authorized to the post of Assistant Teacher was Rs. 1375-3375/- per month.

Basing on the selection of the petitioner, the Inspector of Schools, Barpeta District Circle, vide order dated 28.03.1992, appointed the petitioner as Assistant Teacher (Science). In the said order of appointment, the scale of pay authorized to the petitioner was reflected as Rs. 1185-2395/-. The said scale of pay is the scale of pay authorized to a person holding a post in the Intermediate Scale of Pay. The petitioner joined her services on 01.04.1992. It is to be noted that the scale of pay authorized to the petitioner was upgraded to that of the Gradute Scale of Pay w.e.f. 30.12.1993.

The respondent authorities, thereafter, vide a notification dated 25.05.2011 had notified the ACP Scheme. In terms of the said scheme, 2(two) financial up-gradation benefits were made available to employees who had not been promoted during their service career. The 1st financial up-gradation benefit was to be so granted on completion of 10 years of service and the 2nd one after completion of 21 years of service, in the event, the employee concerned did not get one regular promotion within the first 10 years of service or, of two regular promotions within 24 years of regular service. The financial upgradation benefits flowing from the said scheme was to be so granted w.e.f. 01.01.2011.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPDGAdr9%2F5E9rD8Vvs49qXa67p3YzkxHnHgLCFLeuQVk&caseno=WP(C)/77/2023&cCode=1&cino=GAHC010268912022&state_code=6&appFlag=)

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