Case Note & Summary
The State of Maharashtra formulated a Revised Assured Career Progression Scheme (ACPS) vide Government Resolution (G.R.) dated 1.4.2010, which was made retrospectively applicable from 1.10.2006. The scheme entitled employees to a second benefit of ACPS upon completion of 24 years of service. However, by a subsequent G.R. dated 1.7.2011, the State purported to 'clarify' that the benefit of the scheme would not apply to employees who had retired between 1.10.2006 and 31.3.2010. The respondents, who had retired during that period, challenged the clarification before the Maharashtra Administrative Tribunal. The Tribunal struck down the clarification as arbitrary, unreasonable, and violative of Article 14 of the Constitution of India. Aggrieved, the State filed the present writ petition. The High Court, after hearing the parties, upheld the Tribunal's decision. The Court held that the clarification was discriminatory as it sought to exclude a class of employees who had retired during the period of retrospective operation of the scheme, without any rational basis. The Court found that the clarification was not a genuine clarification but an attempt to deny the benefit of the scheme to a particular group, which was arbitrary and violative of Article 14. Accordingly, the writ petition was dismissed, and the Tribunal's order was affirmed.
Headnote
A) Service Law - Assured Career Progression Scheme - Retrospective Application - Clarification Excluding Retired Employees - The State of Maharashtra formulated a Revised Assured Career Progression Scheme vide G.R. dated 1.4.2010, made retrospectively applicable from 1.10.2006. A subsequent clarification dated 1.7.2011 purported to exclude employees who retired between 1.10.2006 and 31.3.2010 from the benefit. The Maharashtra Administrative Tribunal struck down the clarification as arbitrary, unreasonable, and violative of Article 14. The High Court upheld the Tribunal's decision, holding that the clarification was discriminatory and could not be sustained. (Paras 2-3)
Issue of Consideration
Whether the clarification dated 1.7.2011 excluding employees who retired between 1.10.2006 and 31.3.2010 from the benefit of the Revised Assured Career Progression Scheme notified on 1.4.2010 (with retrospective effect from 1.10.2006) is arbitrary, unreasonable, and violative of Article 14 of the Constitution of India.
Final Decision
The High Court dismissed the writ petition and upheld the order of the Maharashtra Administrative Tribunal dated 22.2.2014, which struck down the clarification dated 1.7.2011 as arbitrary, unreasonable, and violative of Article 14 of the Constitution of India.
Law Points
- Revised Assured Career Progression Scheme
- retrospective application
- clarification excluding retired employees
- Article 14
- arbitrariness
- unreasonableness
