Bombay High Court
Sudhakar Namdeo Mahajan And Anr vs The State Of Maharashtra Through ... on 25 January, 2018
Bench: R.M. Borde
WP5467_16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5467 OF 2016
1. Sudhakar Namdeo Mahajan )
Occupation : Service, )
R/o. Swami Bungalow, Bhausaheb Hire Nagar, )
Old Sub Station Road, Malegaon Camp, )
Malegaon, Tq. Malegaon, Dist. Nashik. )
2. Ramesh s/o. Uttamrao Patil )
Occupation : Service, )
Suprakash, Saptashrungi Colony, )
Survey No.56/1, Malegaon Camp, )
Malegaon, Tq. Malegaon, Dist. Nashik. )... Petitioners
Vs.
1. The State of Maharashtra )
Through Secretary, Education Department, )
Mantralaya, Mumbai-32. )
2. The Deputy Director of Education, )
Nashik Division, Nashik )
3. The Education Officer (Primary), )
Zilla Parishad, Nashik )
4. The Accounts Officer (Senior Auditor) )
Education Department, Nashik )
5. Sau. Kantaben Ratilal Shah Primary School )
Sangameshwar, Tq. Malegaon, )
Dist. Nashik. Through its Headmaster )
6. Late L. R. Kabra Prathamik Vidya Mandir, )
Malegaon, Tq. Malegaon, Dist. Nashik )
Through its Headmaster. )... Respondents
Mr. Sudhir I. Nandode for Petitioners.
Mr. Sandeep Babar, AGP for Respondents No.1 & 2-State.
Ms Ashwini Selukar i/b. Ms Anamika Malhotra for Respondent No.3.
Mr. Tungar, Deputy Secretary, Education Department present.
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WP5467_16.doc
CORAM : R. M. BORDE &
R. G. KETKAR, JJ.
DATE : JANUARY 25, 2018
ORAL JUDGMENT (PER R. M. BORDE, J.) :
Heard.
2. Rule. With the consent of the parties, Petition is taken up for
final hearing at the admission stage.
3. The petitioners are praying for issuance of directions to the
respondents to consider their claim for grant of benefits under the
Assured Career Progression Scheme since they have completed 24 years
of service. The petitioners were appointed as Junior Clerks in the
Institution operated by the respondent No.5. They have completed
around 29-30 years of service as on today. Since the petitioners are
holding the post, which could be categorized as an isolated post, there
are no chances of promotion. In order to remove the stagnation in
employment, the State Government has declared an Assured Career
Progression Scheme on 20.07.2001. The petitioners contend that they
have received the first benefit under the Scheme in the form of
prescription of pay-scale applicable to the next promotional post on
completion of 12 years of service. The petitioners contend that on
completion of 24 years of service, subject to fulfillment of necessary
requirements provided under the Scheme, they are entitled to claim
second benefit in the form of fixation of pay in the pay-scale prescribed
for next promotional post. The issue raised in the instant Petition is no
more res integra and is covered by several judgments of this Court. The
petitioners place reliance on the decisions of the Division Bench in Writ
Petition No.2944 of 2016 decided on 18.03.2016 as well as Writ Petition
WP5467_16.doc
No.4202 of 2012 decided on 21.01.2014.
4. Considering the contentions raised by the petitioners and in view
of the reasons recorded in the judgments referred to above, Writ Petition
deserves to be allowed and the same is accordingly allowed.
Respondents are directed to consider the claim of the petitioners for
grant of second benefit under the Government Resolutions dated
01.04.2010 and 05.07.2010 on completion of 24 years of service. The
decision shall have to be taken in consonance of the parameters
prescribed under the relevant Government Resolution. Necessary
decision shall be taken by the employer i.e. respondents No.2, 3 and 4,
as expeditiously as possible, preferably within a period of 4 months
from today. Respondents No.5 and 6 shall comply with the necessary
requirements for facilitating the petitioners to secure the benefits. Rule
is made absolute accordingly. No costs.
(R. G. KETKAR, J.) (R. M. BORDE, J.)
Minal Parab
