Case Note & Summary
The petitioner, Pundlik s/o Pratapsingh Rathod, was appointed as a Mukadam on 24-08-1984. He received the first benefit under the Assured Career Progression Scheme (ACPS) on 24-08-1996. Subsequently, vide Government Resolution dated 29-09-2003, he was absorbed as a Karkoon from the post of Mukadam, and his pay scale was fixed accordingly. On 29-04-2008, he was promoted to Civil Engineer Assistant in Class-III cadre. He retired on 31-08-2015. On 14-12-2017, he made a representation to respondent no.2 for grant of the second benefit under ACPS. However, vide communication dated 14-11-2018, respondent no.2 rejected his claim on the ground that he had already received two financial upgradations (absorption as Karkoon and promotion to Civil Engineer Assistant) and thus was not entitled to the second ACPS benefit. Aggrieved, the petitioner approached the Maharashtra Administrative Tribunal, Nagpur Bench, which dismissed his Original Application No.979/2018 on 27-02-2020. The petitioner then filed the present writ petition before the Bombay High Court. The High Court considered the submissions of the petitioner's advocate, who argued that respondent no.2 had misinterpreted the Government Resolution dated 01-07-2011 and that the petitioner had received only one promotion, not two. The Court examined the facts and the GR, and held that both the absorption as Karkoon and the promotion to Civil Engineer Assistant were financial upgradations. Since the petitioner had already received two such upgradations, he was not entitled to the second ACPS benefit. The Court found no error in the Tribunal's order and dismissed the writ petition.
Headnote
A) Service Law - Assured Career Progression Scheme - Second Benefit - Absorption and Promotion as Financial Upgradations - The petitioner, a retired government employee, claimed second ACPS benefit after receiving first benefit in 1996, absorption as Karkoon in 2003, and promotion to Civil Engineer Assistant in 2008. The respondent denied the claim on the ground that the petitioner had already received two financial upgradations. The Tribunal dismissed the Original Application. The High Court upheld the denial, holding that both absorption and promotion are financial upgradations and thus the petitioner is not entitled to the second ACPS benefit. (Paras 2-8) B) Service Law - Assured Career Progression Scheme - Interpretation of Government Resolution dated 01-07-2011 - The GR provides that if an employee has already received two financial upgradations, he is not entitled to further ACPS benefits. The Court interpreted that absorption as Karkoon and promotion to Civil Engineer Assistant both constitute financial upgradations, and therefore the petitioner's claim for second ACPS benefit was rightly rejected. (Paras 5-8)
Issue of Consideration
Whether the petitioner is entitled to the second benefit under the Assured Career Progression Scheme (ACPS) despite having received two financial upgradations through absorption and promotion.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal and the communication dated 14-11-2018 denying the second ACPS benefit.
Law Points
- Assured Career Progression Scheme
- Financial upgradation
- Absorption
- Promotion
- Government Resolution dated 01-07-2011
