State Of Maha. Thr. Principal Secretary, Revenue And Forest Department, Mumbai And ANR. v. Umakant Bhauraoji Mahakalkar

2025:BHC-NAG:6712-DB 125-WP-2934-25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2934 OF 2025 The State of Maharashtra, Thr. Principal Secretary, Revenue & forest Dept. Mantralaya, Mumbai and anr.

-vsUmakant Bhauraoji Mahakalkar, Mahal, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Ms Kalyani Marpakwar, Assistant Government Pleader for petitioners. CORAM : NITIN W. SAMBRE AND SACHIN S. DESHMUKH, JJ. DATE : July 14, 2025 P. C.

1.

Heard Ms Kalyani Marpakwar, learned Assistant Government Pleader for the petitioners.

2.

Learned Assistant Government Pleader would claim that the impugned order does not consider the contentions raised in the reply before the Tribunal. According to her, the benefits of the Assured Career Progression Scheme (ACPS) can be extended only to Group-C and Group-D employees and not to the employees who fall within the Group-D category because of up-gradation.

3.

We have considered the said submissions.

4.

It is the State's own policy, which is reflected in the Resolution dated 14/08/2018 which confers benefits to the respondent-employee to be calculated from the date of inception i.e. date of joining the training.

5.

In such an eventuality, the Tribunal has rightly relied upon the judgment of the Division Bench of this Court at Principal Seat in Writ

125-WP-2934-25.odt 2/2 Petition No.2605/2017(The Association of the Sub-ordinate Service of Engineers Maharashtra State and ors. vs. The State of Maharashtra, Thr. Chief Secretary and ors.) passed on 06/02/2019. 6.

Even otherwise, the order of the Tribunal has conferred the benefits to the respondents-employees vide Government Resolution dated 14/08/2018.

7.

That being so, no case for further interference is made out. The writ petition is dismissed. No order as to costs. (Sachin S. Deshmukh, J.) (Nitin W. Sambre, J.) Asmita