Case Note & Summary
The case involves a challenge by the State of Maharashtra against an order of the Maharashtra Administrative Tribunal, Nagpur, dated 18/02/2021, which granted the second benefit of the Assured Career Progression Scheme (ACPS) to the respondent, Pundlik Dadaji Pipare, from 01/10/2006. The respondent was a Diploma holder in Civil Engineering and was initially appointed as a Technical Assistant in Class-III on 23/06/1982. His pay scale was revised under the M.C.S. (Revised Pay) Rules, 1988. By Government Resolution dated 31/01/1989, he was absorbed as a Civil Engineer Assistant with a higher pay scale of Rs.1200-30-1440-E.B.-30-1800 with effect from 01/01/1989. He was granted the first ACPS benefit from 01/10/1994, i.e., after completion of 12 years of service. The respondent claimed the second ACPS benefit after completion of 24 years of service, i.e., from 01/10/2006. The petitioners-State argued that since the respondent had already received a higher pay scale at the time of absorption in 1989, he was not entitled to the second ACPS benefit. The Tribunal, however, allowed the respondent's application, holding that the second ACPS benefit should be granted from 01/10/2006. The High Court, after hearing both sides, dismissed the petition. The Court analyzed the relevant Government Resolutions and held that the grant of higher pay scale at absorption does not disentitle an employee from future ACPS benefits, as clarified by Clause 11 of the Government Resolution dated 01/11/1995. The Court further held that the second ACPS benefit is to be granted from the date of completion of 24 years of service, and the Tribunal's order was correct. The petition was dismissed, and the rule was discharged.
Headnote
A) Service Law - Assured Career Progression Scheme - Second Benefit - The respondent, a Diploma holder in Civil Engineering, was initially appointed as Technical Assistant in 1982 and absorbed as Civil Engineer Assistant in 1989 with higher pay scale. He was granted first ACPS benefit in 1998 from 01/10/1994. The Maharashtra Administrative Tribunal granted second ACPS benefit from 01/10/2006, i.e., after completion of 24 years of service. The High Court upheld the Tribunal's order, holding that the second ACPS benefit is to be granted from the date of completion of 24 years of service, and the grant of higher pay scale at absorption does not affect the entitlement to future ACPS benefits. (Paras 3-10)
B) Service Law - Assured Career Progression Scheme - Higher Pay Scale at Absorption - The petitioners-State contended that the respondent had already received higher pay scale at the time of absorption in 1989, and therefore, he was not entitled to the second ACPS benefit. The Court rejected this contention, relying on Clause 11 of the Government Resolution dated 01/11/1995, which clarifies that the benefit of higher pay scale at absorption is not to be treated as a bar for future ACPS benefits. The Court held that the respondent's case was covered by the said clause. (Paras 5-9)
Issue of Consideration
Whether the respondent is entitled to the second benefit of Assured Career Progression Scheme (ACPS) from 01/10/2006, and whether the grant of higher pay scale at the time of absorption in 1989 disentitles him from the second ACPS benefit.
Final Decision
The High Court dismissed the writ petition and upheld the order of the Maharashtra Administrative Tribunal dated 18/02/2021 granting the second ACPS benefit to the respondent from 01/10/2006. Rule discharged.
Law Points
- Assured Career Progression Scheme
- Second benefit
- Completion of 24 years
- Higher pay scale at absorption
- Government Resolution dated 01/11/1995
- Clause 11
- M.C.S. (Revised Pay) Rules
- 1988
Case Details
2022 LawText (BOM) (08) 149
WRIT PETITION NO.884 OF 2022
A.S. Chandurkar, Urmila Joshi-Phalke
Shri Uday Dastane, Special Advocate for the petitioners; Shri M.V. Samarth, Senior Advocate with Shri R.M. Fating, Advocate for the respondent
State of Maharashtra, through its Secretary (CAD), Water Resources Department, Mantralaya, Mumbai – 400 032 and Chief Engineer, Water Resources Department, 1st Floor, Sinchan Seva Bhavan, Civil Lines, Nagpur – 440 001
Pundlik Dadaji Pipare, Aged about 58 years, Occupation – Retired, R/o. Flat No.001, Nirmiti Heights, Eishwari Society, Beltarodi Road, Nagpur – 440 027
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Administrative Tribunal granting second benefit of Assured Career Progression Scheme to the respondent.
Remedy Sought
The petitioners-State sought to quash and set aside the order of the Maharashtra Administrative Tribunal dated 18/02/2021 granting second ACPS benefit to the respondent from 01/10/2006.
Filing Reason
The petitioners-State contended that the respondent was not entitled to the second ACPS benefit as he had already received a higher pay scale at the time of absorption in 1989.
Previous Decisions
The Maharashtra Administrative Tribunal, Nagpur, by order dated 18/02/2021, allowed the respondent's application and granted the second ACPS benefit from 01/10/2006.
Issues
Whether the respondent is entitled to the second benefit of Assured Career Progression Scheme (ACPS) from 01/10/2006?
Whether the grant of higher pay scale at the time of absorption in 1989 disentitles the respondent from the second ACPS benefit?
Submissions/Arguments
The petitioners-State argued that the respondent had already received a higher pay scale at the time of absorption in 1989, and therefore, he was not entitled to the second ACPS benefit.
The respondent argued that he had completed 24 years of service and was entitled to the second ACPS benefit as per the scheme, and the grant of higher pay scale at absorption did not bar future ACPS benefits.
Ratio Decidendi
The second benefit of Assured Career Progression Scheme is to be granted from the date of completion of 24 years of service. The grant of higher pay scale at the time of absorption does not disentitle an employee from future ACPS benefits, as clarified by Clause 11 of the Government Resolution dated 01/11/1995.
Judgment Excerpts
The order passed by the Maharashtra Administrative Tribunal, Nagpur dated 18/02/2021 granting second benefit of Assured Career Progression Scheme (hereinafter referred to as ‘ACPS’ in short) from 01/10/2006 is under challenge in this petition.
As the respondent had completed 12 years of regular service from his initial date of appointment as ‘Technical Assistant’, therefore, the Superintending Engineer, Chandrapur, Irrigation Project Circle vide order dated 02/09/1998 granted the first benefit under the time bound promotion, thereby sanctioning the pay scale of next promotional post of ‘Civil Engineer Assistant’ with effect from 01/10/1994.
It is clarified by the Government under Clause No.11 of the Government Resolution dated 01/11/1995 issued by Finance Department that as per the policy decision taken by the Administrative Department, the respondent who had got higher pay scale at the time of absorption in the newly created cadre of ‘Civil Engineer Assistant’ in 1989 was bound to get the said benefit of higher pay scale.
Procedural History
The respondent filed an application before the Maharashtra Administrative Tribunal, Nagpur, seeking the second benefit of ACPS from 01/10/2006. The Tribunal allowed the application by order dated 18/02/2021. The petitioners-State challenged this order by filing the present writ petition before the High Court of Judicature at Bombay, Nagpur Bench. The High Court heard the matter and dismissed the petition on 22/08/2022.
Acts & Sections
- M.C.S. (Revised Pay) Rules, 1988:
