Prabhakar S/O Bhadruji Dhande vs The State Of Maharashtra, Through ...
2023 Latest Caselaw 553 Bom

38-WP-5306-19                                                                                                                    1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                                       WRIT PETITION NO.5306 OF 2019

                      Prabhakar S/o Bhadruji Dhande, Ambar Colony, Dabha, Nagpur
                                                                 -vs-
    The State of Maharashtra, Thr. Secretary, Ministry of Animal Husbandry Dept. Mantralaya,
                                                       Mumbai and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.


                                   Shri I. G. Meshram, Advocate for petitioner.
                                   Shri A. A. Madiwale, Assistant Government Pleader for respondent
                                   Nos.1 to 3.

                                   CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ.

DATE : January 16, 2023

The petitioner whose services on the post of Attendant

came to be regularised by an order dated 24/04/1997 seeks

benefit of Modified Assured Promotion Scheme (MAPS). The

Maharashtra Administrative Tribunal by the impugned order has

denied the petitioner such benefit on the ground that for an

employee to get such benefit of time bound promotion, he ought

to possess requisite qualification for the promotional post. Since

the petitioner has passed 4th standard examination, it has been

held that he is not qualified to hold the next promotional post of

Dresser which requires a candidate to have passed the 8 th

standard examination.

Shri A. A. Madiwale, learned Assistant Government

Pleader has invited our attention to the judgment in Writ 38-WP-5306-19 2/2

Petition No.11452/2016 (The Commissioner, Animal Husbandry

Maharashtra State and ors. vs. Ranganath Pahadu Solanke)

decided on 07/12/2016 at Aurangabad Bench as well as order

dated 26/11/2019 passed in Writ Petition No.5958/2017

(Kashinath Ramaji Raut vs. State of Maharashtra, Thr.

Secretary, Animal Husbandry Dept. and anr.) indicating that the

course adopted by the Tribunal is correct.

The petitioner however by filing rejoinder has placed on

record orders dated 24/05/2017 by which similarly situated

Attendents/Peons have been granted two benefits under the

MAPS.

The learned Assistant Government Pleader for the

respondent seeks time to verify aforesaid position and file an

affidavit in that regard.

Stand over three weeks.

(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:17.01.2023 18:32:22