Page No.# 1/8 GAHC040007042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/217/2024 Nongku Megu and 12 Ors C/o Judicial Magistrate First Class, Khonsa, Tirap District, Arunachal Pradesh 792130 2: Yimar Jini Age: Occupation : C/o District and Sessions Court Tezu Lohit District Arunachal Pradesh 792001 3: Raju Kumar Chetry Age: Occupation : C/o District and Sessions Court Ziro Lower Subansiri District Arunachal Pradesh 791120 4: Karba Riba Age: Occupation : C/o Chief Judicial Magistrate Aalo West Siang District Arunachal Pradesh 791001 5: Goto Kamdak Age: Occupation : C/o Chief Judicial Magistrate Bomdila West Kameng District Arunachal Pradesh 790001 Page No.# 2/8 6: Gumkar Basar Age: Occupation : C/o Judicial Magistrate First Class Koloriang Kurung Kumey District Arunachal Pradesh 791118 7: Marnya Basar Age: Occupation : C/o Judicial Magistrate First Class Yingkiong Upper Siang District Arunachal Pradesh 791002 8: Raju Mida Age: Occupation : C/o Judicial Magistrate First Class Khonsa Tirap District Arunachal Pradesh 792130 9: Mare Riba Age: Occupation : C/o Judicial Magistrate First Class Hawai Anjaw District Arunachal Pradesh 792104 10: Bomdak Gara Age: Occupation : C/o Chief Judicial Magistrate Yupia Papumpare District Arunachal Pradesh 791110 11: Habung Jarjo Age: Occupation : C/o Judicial Magistrate First Class Yupia Papumpare District Arunachal Pradesh 791110 Page No.# 3/8 12: Michi Laling Age: Occupation : C/o Chief Judicial Magistrate Ziro Lower Subansiri District Arunachal Pradesh 791120 13: Rajen Nath Age: Occupation : C/o Chief Judicial Magistrate Seppa East Kameng District Arunachal Pradesh 79010 VERSUS The Gauhati High Court and 4 Ors through the Registrar General, Gauhati High Court, Guwahati 2:The State of Arunachal Pradesh Age: 0 Occupation : represented by the Chief Secretary Govt of Arunachal Pradesh Itanagar 3:The Commissioner Age: 0 Occupation : Department of Law and Judicial Govt of Arunachal Pradesh Itanagar 791111 4:The Commissioner Age: 0 Occupation : Department of Administrative Reforms Govt of Arunachal Pradesh Civil Secretariat Itanagar. 5:The Commissioner Age: 0 Occupation : Department of Finance Page No.# 4/8 Govt of Arunachal Pradesh Civil Secretariat Itanagar - B e f o r e - Hon’ble Mr. Justice devashis baruah For the Petitioner(s) : None appears For the Respondent(s) : Mr. A. Chandran, Addl. Sr. Govt. Advocate Ms. D. Riba, Standing Counsel Date on which judgment was reserved : NA Date of pronouncement of judgment : 20.11.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes JUDGMENT AND ORDER (ORAL) 20.11.2025 None appears on behalf of the petitioners on call. 2. Mr. A. Chandran, the learned Additional Senior Government Advocate, Arunachal Pradesh appears on behalf of the State of Arunachal Pradesh and Ms. D. Riba, the learned Standing Counsel appears on behalf of the Gauhati High Court, Itanagar Permanent Bench. Page No.# 5/8 3. The petitioners herein who are Staff Drivers working in various District Court establishments of the State of Arunachal Pradesh have filed the present writ petition seeking directions upon the Respondent Authorities to formulate promotional scheme for the post of Driver with graded structure under the Arunachal Pradesh State District Courts Service Rules, 2013 (for short, “the Rules of 2013”). 4. When the matter was taken up by this Court on 24.07.2025, this Court had put a query upon Mr. P.K. Tiwari, the learned Senior Counsel who represented the petitioners as regards Rule 29 of the Rules of 2013 whereby the service conditions not so mentioned in the said Rules of 2013, but which is, otherwise, applicable to all the State Civil Services would be applicable to the members of the service coming within the ambit of the Rules of 2013. This Court further enquired, as to whether, any similar Notification pertaining to certain benefits given to the Drivers in the State Services have been issued. This Court thereupon fixed the matter on 21.08.2025 for further consideration. 5. On 21.08.2025, Mr. P.K. Tiwari, the learned Senior Counsel who appeared on behalf of the petitioners submitted that although the MACP is applicable to all employees of the Government of Arunachal Pradesh and the petitioners herein would also be entitled to the benefit on the basis of Rule 29 of the Rules of 2013 and as such, Page No.# 6/8 appropriate directions ought to be issued so that either the State provides avenues of promotion or apply the benefits of MACP to the Drivers. 6. This Court vide the order dated 21.08.2025 requested the learned Advocate General, Arunachal Pradesh to appear in the matter taking into account that any such directions would have an implication in respect to all Drivers who are employed under the services of the State of Arunachal Pradesh. Accordingly, the instant writ petition was fixed on 18.09.2025. 7. On 18.09.2025, the learned Advocate General of the State of Arunachal Pradesh appeared and submitted that the Government of Arunachal Pradesh would like to bring on record their stand by way of an affidavit, as to whether, the Drivers employed in the services of the Government of Arunachal Pradesh are being provided the benefits of Modified Assured Carrier Progression Scheme. Accordingly, this Court directed the listing of the instant matter today, i.e. on 20.11.2025 and the affidavit was to be filed on or before 17.11.2025. 8. In pursuance thereto, an additional affidavit was filed by the respondent No. 4. Paragraph No. 3 of the said additional affidavit being relevant is reproduced herein under: “3. That the deponent begs to state that the benefits of Modified Assured Career Progression Scheme (MACPS) are extended/provided to the regular drivers as per the Page No.# 7/8 Modified Assured Career Progression Scheme (MACPS) and there are no promotional avenues for the drivers serving under the various departments of Govt. of Arunachal Pradesh. It is stated here that the drivers serving under the District Judiciary shall also be eligible to avail financial benefits under the Modified Assured Career Progression Scheme (MACPS) at par with the drivers of other departments under Govt. of Arunachal Pradesh. In this connection it is stated that an Office Memorandum dated 30.03.2020 was issued by the Govt. of Arunachal Pradesh with regard to consolidated guidelines regarding MACPS pursuant to Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) issued vide O.M. No. 35034/3/2015-Estt(D) dated 22.10.2019 for the revised consolidated guidelines regarding implementation of MACPS as recommended by the 7th Pay Commission.” 9. From a perusal of the above quoted paragraph, it is seen that the benefits of the Modified Assured Carrier Progression Scheme have been extended/provided to regular Drivers as per the Modified Assured Carrier Progression Scheme, as there are no promotional avenues for the Drivers serving under the various departments of the Government of Arunachal Pradesh. It was also mentioned that the Drivers serving under the District Judiciary shall also be eligible to avail financial benefits under the Modified Assured Carrier Progression Scheme at par with the Drivers of other departments under the Government of Arunachal Pradesh. 10. Taking into account the said stand of the Government of Arunachal Pradesh, this Court therefore disposes of the instant writ petition with the following observations and directions: Page No.# 8/8 (i) The regular Drivers of the various District Judiciary establishments in the State of Arunachal Pradesh by virtue of Rule 29 of the Rules of 2013 would be entitled to equal treatment and would further be entitled to the benefits of the Modified Assured Carrier Progression Scheme. (ii) The Gauhati High Court as well as the State Respondents are directed to do the needful so the benefits of the Modified Assured Carrier Progression Scheme is provided to all the regular Drivers working in various District Judiciary establishments in the State of Arunachal Pradesh. JUDGE Comparing Assistant