Page No.# 1/9 GAHC010033912016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7824/2016 GAUTAM KUMAR SARMA and 6 ORS. S/O. LT. LOHIT CHANDRA SARMA, R/O. NEELAM PATH, HATIGARH CHARIALI, GUWAHATI-24, DIST. KAMRUPM, ASSAM, SENIOR SUB- REGISTRAR, JORHAT, DIST. JORHAT, ASSAM. 2: MADHABI KALITA D/O. LT. RAJENDRA NATH DEKA SENIOR SUB-REGISTRAR MANGALDOI DIST. DARRANG ASSAM. 3: MALABIKA GOSWAMI SUB-REGISTRAR PATACHARKUCHI DIST. BARPETA ASSAM. 4: SRI SARANAN DEORI SUB-REGISTRAR MUKALMUA DIST. NALBARI ASSAM. 5: SRI ARUP JYOTI HAZARIKA ASSISTANT INSPECTOR GENERAL OF REGISTRATION ASSAM O/O. THE INSPECTOR GENERAL OF REGISTRATION ASSAM RAJAH BHAWAN Page No.# 2/9 RUPNAGAR GUWAHATI-32. 6: SRI CHANDRA BIJOY HAZARIKA C/O. LT. GIRI KANTA HAZARIKA SENIOR SUB-REGISTRAR MORIGAON DIST. MORIGAON ASSAM. 7: SRI APURBA KUMAR NATH S/O. KAMALA KANTA NATH SENIOR SUB-REGISTRAR GOLAGHAT DIST. GOLAGHAT ASSAM VERSUS STATE OF ASSAMand 4 ORS REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, REVENUE REGISTRATION AND D.M. DEPTT., DISPUR, GUWAHATI-6. 2:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM REVENUE AND D.M. DEPTT. DISPUR GUWAHATI-6. 3:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND D.M. DEPTT. DISPUR GUWAHATI-6. 4:THE INSPECTOR GENERAL OF REGISTRATION ASSAM RUPNAGAR GUWAHATI-32. 5:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-6 Page No.# 3/9 Advocate for the Petitioner : MR G DEKA, MR.N G KUNDU,MR.P K R CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.,SC, REVENUE,MR.B GOGOI(SC, FINANCE) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 22.06.2026 Heard Mr. P K R Choudhury, Learned Senior Counsel assisted by Mr. S Ahmed, Learned Counsel for the Petitioners. Also heard Mr. S Dutta, Learned Standing Counsel, Department of Revenue, Assam, appearing for Respondents. 2. The Petitioners, by way of instituting the present Writ Petition, have prayed for grant of Financial Up-gradation Benefits, under the Assured Career Progression Scheme (ACPS), to all the Petitioners, w.e.f 01.01.2011. 3. As projected in the Writ Petition, on the implementation of the Assured Career Progression Scheme (ACPS), vide notification 25.05.2011, some of the Petitioners, in the present Writ Petition, were granted their first financial up-gradation. However, the said up-gradation was so granted, to them, w.e.f 01.05.2014. It is contended that in terms of the notification dated 25.05.2011, the Page No.# 4/9 first financial up-gradation, on conclusion of 10 (ten) years of regular service, is to be so authorized to the person concerned, w.e.f 01.01.2011. The Petitioners submits that they having completed their 10 (ten) years of regular service, prior to 01.01.2011, in terms of the notification dated 25.05.2011, they are required to be authorized their first financial up-gradation benefit, under the Assured Career Progression Scheme (ACPS), w.e.f 01.11.2011. It is further projected that in respect of the Petitioner Nos. 2, 5 & 6, no financial up-gradation benefits have been granted to them, although they have fulfilled the requisite eligibility criterias for being authorized their first financial up- gradation benefits, on completion of 10 (ten) years of regular service, w.e.f 01.01.2011. 4. Mr. P K R Choudhury, Learned Senior Counsel appearing for the Petitioners, after reiterating the facts noticed, hereinabove, has submitted that the Petitioners, in the present Writ Petition, have also prayed for an implementation of the recommendations made by the Anomaly Committee, 2010, in respect of enhancement of the Grade-Pay of the Sub-Registrars and Senior Sub-Registrars. However, he submits that the present Page No.# 5/9 Writ Petition be confined only to the benefits of Assured Career Progression Scheme (ACPS), prayed for by the Petitioners and the issue, with regard to implementation of the Anomaly Committee Report, is not being pressed. Mr. P K R Choudhury, Learned Senior Counsel, appearing for the Petitioners has submitted that the Petitioner Nos. 1, 3, 4 & 7, who were authorized their first financial up-gradation benefits, under the Assured Career Progression Scheme (ACPS), were so authorized the benefit, only, w.e.f 01.05.2014. He submits that the said benefit, ought to have been authorized to the Petitioners, w.e.f 01.01.2011. He further submits that in the affidavits filed by the Respondents, no reasons have been assigned, as to why, the Petitioner Nos. 1, 3, 4 & 7, were so authorized their first financial up-gradation benefits, under the Assured Career Progression Scheme (ACPS), w.e.f 01.05.2014 and not from 01.01.2011. 5. Mr. S Dutta, Learned Standing Counsel, Department of Revenue, Assam, appearing for Respondents submits that from the affidavit filed by the Respondent No. 3, in the matter, it is discernible that the anomaly, as arising, with regard to the grant of financial up-gradation, under the Assured Career Progression Page No.# 6/9 Scheme (ACPS), in respect of the registering Officers, under Revenue & Disaster Management (Registration) Department, Assam, was required to be re-considered and for the purpose, vide notification dated 01.03.2017, a Screening Committee was constituted. However, he submits that further updated instruction has not been furnished to him. 6. I have heard the Learned Counsel for the Parties and perused the materials available on record. 7. The Petitioners, in the present proceeding, having not brought on record, any material to indicate, as to whether, on a review being made of their entitlement to receive financial up- gradation benefits, under the Assured Career Progression Scheme (ACPS), by the Committee, constituted, vide a notification dated 01.03.2017, a definite conclusion, in this connection, is not permissible for this Court to arrive at. 8. This Court notices that the grievances of the Petitioners, is with regard to grant of financial up-gradation benefits, under the Assured Career Progression Scheme (ACPS), notified, vide the notification dated 25.05.2011. Accordingly, this Court, Page No.# 7/9 noticing the developments taking place in the matter, requires the Petitioner Nos. 1, 3, 4 & 7, to approach the Respondent authorities, with a prayer for being authorized their financial up- gradation benefits, w.e.f 01.01.2011. In the event of such representation being filed by the Petitioner Nos. 1, 3, 4 & 7, the Respondent authorities shall consider the same and in the event, it is found that the Petitioner Nos. 1, 3, 4 & 7, fulfills the eligibility criterias, as set-out, vide the notification dated 25.05.2011, which had introduced the Assured Career Progression Scheme (ACPS), the Petitioner Nos. 1, 3, 4 & 7, shall be granted their first financial up-gradation, on conclusion of 10 (Ten) years of regular service, w.e.f 01.01.2011, with all consequential benefits. 9. In so far as the Petitioner Nos. 2, 5 & 6 are concerned, no particulars having been brought on record, with regard to the receipt, by them of their financial up-gradation benefits, under the Assured Career Progression Scheme (ACPS), this Court requires the Petitioner Nos. 2, 5 & 6, to approach the Respondent authorities, by way of submitting individual representations, staking a claim for being authorized their first Page No.# 8/9 financial up-gradation benefits, under the Assured Career Progression Scheme (ACPS), which was so notified, vide notification dated 25.05.2011. 10. On receipt of such representations from the Petitioner Nos. 2, 5 & 6, the Respondent authorities shall consider the same and in the event, the Petitioner Nos. 2, 5 & 6 are found to have been satisfied the eligibility criterias, as set out in the Assured Career Progression Scheme (ACPS), the Respondent authorities shall authorize to the Petitioner Nos. 2, 5 & 6, their first financial up-gradation benefits, under the Assured Career Progression Scheme (ACPS), w.e.f 01.01.2011, with all consequential benefits. 11. The Petitioners, to submit their respective representations, along with a certified copy of this Order, within a period of 1 (One) month. On receipt of such representation from the Petitioners, the Respondent authorities shall dispose of the same, within a further period of 2 (Two) months from the date of receipt of such representation, by way of a speaking order. Page No.# 9/9 12. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant