Gajanan S/O Maroti Shelke And Others v. State Of Maharashtra, Thr. Secretary, Social Justice And Special Assistance Dept., Mumbai And ORS

2024:BHC-NAG:4850-DB 1 26 wp1717.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1717/2024 Gajanan s/o maroti Shelke and others V/s State of Maharashtra and others Mr.R.N. Ghuge, Advocate for petitioners.

Ms. N.P. Mehta, Addl. G.P. for respondent nos.1 to 3. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , JJ .

ATE : APRIL 23 , 202 4.

P. C.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

The petitioners seek second benefit under the Assured Career Progression scheme in terms of the Government Resolution dated 02.03.2019.

3.

The petitioners seek to rely upon the orders dated 15.01.2018 passed in Writ Petition No.7123/2017 (Vikas B. Jadhav and ors. vs. State of Maharashtra and others) and dated 25.11.2019 passed in Writ Petition 7118/2017 (Gopal Ananda Shinde vs. State of Maharashtra and others ). Undisputedly, the petitioners have received the first benefit in terms of the said scheme.

4.

It is to be noted that in the meanwhile, vide Government Resolution dated 02.03.2019 the Assured Career Progression Scheme has been modified. The benefit of Assured Career

2 26 wp1717.2024.odt Progression Scheme under the recommendations of the Seventh Pay Commission is admissible after a period of 10/20/30 years of service. The Scheme has been made applicable from 01.01.2016.

5.

In view of aforesaid, we find that the following order would serve the interests of justice:

(i) The respondent nos.2 and 3 shall examine entitlement and eligibility of the petitioners to receive the second benefit under the Assured Career Progression Scheme in the light of the Government Resolution dated 02.03.2019 and other relevant Government Resolutions. The respondent nos.2 and 3 shall consider the aforesaid entitlement within a period of eight weeks of receiving copy of this order. If the petitioners are found entitled to receive such benefit, the same shall be released in their favour within a period of four months of such decision being taken.

6.

Rule stands disposed of in aforesaid terms with no order as to costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Mukund Ambulkar