STATE OF MAHARASHTRA AND OTHERS Vs. SUBHAS S/O RAMRAO PAWAR AND OTHERS
LAWS(BOM)-2017-7-242
HIGH COURT OF BOMBAY
Decided on July 24,2017

State Of Maharashtra And Others Appellant
VERSUS
Subhas S/O Ramrao Pawar And Others Respondents

JUDGEMENT

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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