CHAU KHEWSENG SINGTHI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mrs. S. Nag, learned counsel for the petitioner as well as Ms. G. Ete, learned Addl. Sr. Govt. Advocate appearing for the State respondents.

(2.) The petitioner is presently serving as Horticulture Field Supervisor (Senior) at Namsai under the District Horticulture Officer, Namsai District. The petitioner was initially appointed on ad-hoc basis on 01/07/1996 and his name is shown in Serial No. 2 in the common appointment order. However, the appointment was sent in a wrong address and therefore, the said notice was resent to the petitioner vide WT Message dated 04.09.1996 and accordingly, on the basis of the WT Message, the petitioner joined on 11.09.1996 at Tezu. On the basis of the recommendation by the Departmental Promotion Committee (DPC, in short), the petitioner's ad-hoc appointment was regularised vide order dated 20.05.1997. The State of Arunachal Pradesh vide Office Memorandum dated 21.11.2003, which was published in the Arunachal Pradesh Gazette Extraordinary dated 02.12.2003, the Office Memorandum dated 09.08.1999 issued by the Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) by which the Central Government had started the Assured Career Progression (ACP, in short) Scheme, was adopted without any modification. Accordingly, the petitioner along with others were granted with the benefit of financial up-gradation under the said ACP scheme on the basis of the recommendation by the Screening Committee/Departmental Promotion Committee vide order No. HORT/ACP-1/2008-09 dated 22.08.2008 which further provided that their pay shall be fixed under the provision of FR-22 (1)(a)(1) subject to a minimum financial benefit of Rs. 100/-. It was provided that the financial benefit under the ACP Scheme would be final and no pay fixation benefit would be approved at the time of regular promotion i.e. posting against a functional post in the higher grade.

(3.) Thereafter, by order No. HORT/PPD/E/GEN-45/2008-09 dated 23.01.2009 issued by the District Horticulture Officer, Yupia, the pay scale of the petitioner along with others were re-fixed on the basis of the earlier order dated 22.08.2008 and revision of pay was granted as per the 6th Pay Commission recommendation vide order No. FIN/E-11. The Govt. of Arunachal Pradesh vide Office Memorandum dated 31.07.2009 adopted the Modified Assured Career Progression Scheme (MACP, in short) w.e.f. 01.09.2008 and accordingly, the petitioner was enjoying the benefits which had been accrued to him on the basis of MACP Scheme.