STATE OF MAHARASHTRA AND OTHERS Vs. SUBHAS S/O RAMRAO PAWAR AND OTHERS
HIGH COURT OF BOMBAY
State Of Maharashtra And Others
Subhas S/O Ramrao Pawar And Others
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V.K.TAHILRAMANI, J. -
(1.) Rule. By consent, rule is made returnable forthwith and the matter is heard finally.
2. The challenge in this petition is to the judgment and order dated 22.2.2014 passed by the Maharashtra Administrative Tribunal, Mumbai in the O.A. preferred by the respondents.
(2.) The petitioner ? State of Maharashtra has formulated Revised Assured Career Progression Scheme . This scheme,
which was notified vide G.R. dated 1.4.2010 entitles
employees to second benefit of Assured Career Progression
Scheme (ACPS) upon completion of 24 years of service.
Although, the scheme was made applicable retrospectively
from 1.10.2006, however the State by yet another G.R.
dated 1.7.2011 has purported to "clarify" that even though
the G.R. dated 1.4.2010 makes applicable the Assured
Career Progression Scheme retrospectively with effect from
1.10.2006, the benefit of such scheme will not apply to such of the employees who may have retired from service
between the period 1.10.2006 and 31.3.2010. It may be
stated that the respondents retired between 1.10.2006 to
31.3.2010. The Tribunal, by the impugned judgment and order has struck down such "clarification" inter alia on the
ground that the same is arbitrary, unreasonable, violative of
Article 14 of the Constitution of India and therefore
unconstitutional. Aggrieved by such determination, the State
has instituted the present petition.
(3.) Mr. Walimbe, learned AGP for the petitioners-State, has submitted that there is no obligation on the part of the State
to either formulate or extend schemes like the ACP Scheme.
The very formulation and extension of such scheme, is a
policy matter. Therefore, the date from which and the extent
to which the benefits of such schemes are to be extended, is
also a policy matter. The Tribunal was quite unjustified in
interfering with such a policy matter.;
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