This review petition sought review of an order granting ACPS upgradation. The court noted the petitioner failed to highlight any errors in the impugned order and filed the petition merely for a rehearing.
Review petition dismissed. No order as to cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/5
GAHC010082052026
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./90/2026
PUSPENDU CHAKRABORTY
S/O LATE PROMODE RANJAN CHAKRABORTY, R/O 1ST LINK ROAD, LANE 10, HOUSE NO. 5, BRAJA BHAWAN, P.O- SILCHAR, DIST- CACHAR, ASSAM, PIN- 788006
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN781006
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019
3:THE DISTRICT COMMISSIONER CACHAR P.O.- SILCHAR DIST- CACHAR ASSAM PIN- 788001
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR P.O.- SILCHAR DIST- CACHAR ASSAM PIN- 788003
Page No.# 2/5
5:THE DEPUTY INSPECTOR OF SCHOOLS CACHAR DISTRICT P.O.- SILCHAR- 788001 DIST- CACHAR ASSAM 6:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR P.O.- NARSINGPUR DIST- CACHAR ASSAM PIN- 788115 7:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI ASSAM PIN- 781029 8:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI- 781006 9:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ADMINISTRATIVE REFORMS AND TRAINING PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 78100
Advocate for the Petitioner : MR. N DHAR, F. SHAHIN,P SINGH,N HASAN,MR A HUSSAIN,MR. B K SEN
Advocate for the Respondent : SC, ELEM. EDU, SC, AG (A AND E),SC, FINANCE,GA, ASSAM
Page No.# 3/5
BEFORE
HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
16/09/2026
Heard Mr. B K Sen, learned counsel for the review petitioner. Also heard Mr. A Phukan, learned Standing counsel, Elementary Education Department, appearing for the respondent Nos. 1, 2, 4, 5 & 6, Mr. G Bokolial, learned Government Advocate, appearing for the respondent Nos. 3 & 9, Mr. B Sarma, learned Standing counsel, Accountant General (A&E), Assam, appearing for the respondent No. 7 and Mr. A Chaliha, learned Standing counsel, Finance Department, appearing for the respondent No. 8.
2. The petitioner by way of instituting the present review petition has prayed for a review of the order dated 17.02.2026, passed by this Court in WP(C) No. 3628/2024.
3 . The petitioner had instituted the above noted writ petition praying for a direction upon the respondent authorities to extend to him the financial upgradation under the Assured Career Progression Scheme (ACPS) and thereafter, to revise his leave salary and other retiral benefits.
4. This Court on examination of the grievances of the petitioner in the light of the ACP Scheme, proceeded vide order dated 17.02.2026 to direct the respondent authorities to grant financial upgradation of the petitioner to Grade Pay of Rs.4,600/-.
5. It was further directed that the petitioner on being authorized the Grade Pay of Rs.4,600/- w.e.f. 01.01.2011, would be entitled to all consequential
Page No.# 4/5
benefits, including arrears of pay and allowances as well as pension and pensionary benefits.
6. The learned counsel for the petitioner was repeatedly required by this Court to highlight as to the error committed by this Court in passing the order dated 17.02.2026.
7. The learned counsel for the petitioner has failed to point out any error that may exist in the order dated 17.02.2026.
8. The learned counsel for the petitioner was again queried by this Court as to the Grade Pay to which the petitioner was to be granted his financial upgradation. The learned counsel for the petitioner has again failed to highlight anything in this connection.
9. The learned counsel for the respondents has submitted that in terms of the directions passed by this Court, the petitioner has been granted the financial upgradation to Grade Pay of Rs.4,600/- in the same Pay Band drawn by him and the consequential benefits as flowing to the petitioner thereon, has already been released to him.
10. This Court finds that the present review petition has been instituted without highlighting any error that may exist in the order dated 17.02.2026 passed by this Court in WP(C) No. 3628/2024 and this Court finds that the present review petition has been instituted only for the purpose of having a rehearing of the already adjudicated and decided issue in the proceedings of WP(C) No. 3628/2024.
11. In view of the above discussion, the present review petition is held to be
Page No.# 5/5
devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to cost.
12. The instructions furnished by Mr. B Sarma, learned Standing counsel, Accountant General (A&E), Assam, is kept on record and marked as “X” for the purpose of identification.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a review petition can be allowed when the petitioner fails to highlight any error in the previous order.
Whether the petitioner is entitled to a rehearing of an already adjudicated issue in a review petition.
PUSPENDU CHAKRABORTY
THE STATE OF ASSAM
N. UNNI KRISHNAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
