AMAL ATHPARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) 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 13.01989 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.