Amal Athparia v. State of Assam Represented by The Commissioner and Secretary To The Govt. of Assam, Education Secondary Deptt.
2018-01-08
ACHINTYA MALLA BUJOR BARUA
body2018
DigiLaw.ai
JUDGMENT & ORDER : Heard Mr. B.D. Das, learned senior counsel for the petitioner and Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department of the Government of Assam. 2. The petitioner was appointed as a Subject Teacher in the subject Education in the Bokajan Higher Secondary School, Bokajan, Karbi Anglong by an order dated 25.10.1988 and his scale of pay was fixed at Rs.620/- - 1315 per month. As the petitioner had not completed her M.A. final examination at the time of her initial appointment, subsequently, the Director of Secondary Education, Assam by an order of 13.02.1989 extended the services of the petitioner and allowed her to draw the post graduate scale of pay of Rs.850/- - 1775/- per month retrospectively from the date of announcement of her result in the MA final examination. Subsequently, the petitioner was transferred from Bokajan Higher Secondary School to Jalukbari Higher Secondary School in the Kamrup district at her own request, where she is presently serving. 3. The notification dated 19.02.2007 of the Government of Assam in the Finance Department provides for two financial upgradation upon completion of 10 years and 24 years of service, respectively in the event a Government employee does not get at least one regular promotion within the first 10 years and two regular promotions within 24 years of regular service, which is termed as Assured Career Progression Scheme. The scheme further provides that if any employee has been upgraded once and the employee has received the benefit within 10 years of service or as on the date of introduction of the ACP Scheme, the first financial benefit under ACP shall not apply. 4. Accordingly, in the present petition, a grievance has been raised that since the petitioner has been initially appointed on 15.10.1988, she had completed 24 years of service by now and accordingly she is entitled to two financial up gradation as per the aforesaid ACPS notification. It is stated that during the service career of more than 24 years, the petitioner had been given one financial up gradation under the ACP Scheme, whereas having completed more than 24 years, she is entitled two such financial up gradation. This writ petition has been preferred in the aforesaid premises that the petitioner under the ACP Scheme as per the notification dated 19.02.2007 is entitled to one further financial up gradation. 5.
This writ petition has been preferred in the aforesaid premises that the petitioner under the ACP Scheme as per the notification dated 19.02.2007 is entitled to one further financial up gradation. 5. The learned senior counsel for the petitioner also refers to an order passed by this Court in WP(C) No.6143/2016 dated 08.02.2017, wherein in a similar circumstance, the Director of Secondary Education, Assam was directed to take effective steps for grant of the first financial up gradation to the petitioner therein inasmuch as, the said petitioner also was granted the second financial up gradation upon completion of 24 years, but was not given the first financial up gradation upon completion of 10 years of regular service. Accordingly, it is submitted that as the present petitioner is also similarly situated, therefore, the petitioner is also entitled to the grant of a further financial up gradation/the first financial up gradation after completion of 10 years, which had not been granted to the petitioner earlier. 6. In the aforesaid premises and as agreed to by the learned counsel for the parties, including the learned Standing Counsel for the Education Department, this writ petition is disposed of by directing the Director of Secondary Education, Assam to examine the claim of the petitioner for the grant of one further financial up gradation/the first financial up gradation upon completion of 10 years of service, which was not granted to the petitioner earlier. 7. The aforesaid requirement of examining the case of the petitioner be done within a period of three months from the date of receipt of a certified copy of this order and upon considering the same, the Director shall pass an effective order giving his reasons for the same. In terms of the above, this writ petition stands disposed of.