Important Point—Promotion must be granted taking into consideration date of initial appointment.

M. S. Sonak, J.

1. Rule in each of these petitions. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith.

2. Learned counsel for the parties state and agree that the common issues of law and fact arise in this batch of petitions and therefore, it will be appropriate if the same are disposed of by common judgment and order. Learned counsel for the parties further state and agree that the facts as set out in writ petition no. 9051 of 2013 may be adverted to, as the same are representative of the facts in this batch of petitions. Accordingly, this batch of petitions is being disposed of by common judgment and order by reference to the facts as set out in writ petition no. 9051 of 2013 for sake of convenience.

3. The challenge in each of these petitions is to the orders (impugned orders) made by the Maharashtra Administrative Tribunal (MAT). The impugned orders have directed the State Government to consider the cases of the respondents-employees (Group 'C' employees) for grant of benefits under Time Bound Promotion Scheme (TBPS) and/or Assured Career Progression Scheme (ACPS) by taking into consideration their services from the date of their initial appointments.

4. The main issue involved in this batch of petitions is therefore, whether the period of 12 years or 24 years service, prescribed as prerequisite for availing benefits under TBPS and/or ACPS is to be reckoned from the date of the initial appointment of the respondents employees or from 1 December 1994, which is the date from which their services were treated as regularised in terms of Government Resolution (GR) dated 1 December 1994?

The petitioner – State Government contends that the latter date i.e. 1 December 1994 is relevant, whereas, the respondent - employees contend that it is the former date i.e. the date of their initial appointments, which is relevant. The MAT, relying inter alia upon its

previous decisions, as also the decision of the Division Bench of this Court in The Director of Technical Education vs. Kum. Nanda C. Chavan & Ors., Writ Petition No. 9962 of 2010 and other connected matters decided on 6.2.2012 and connected matters has ruled in favour of the respondent – employees. Hence, the present petitions by and on behalf of the petitioner – State Government.

5. Mr. Kumbhakoni, learned Senior Advocate, who appears for the petitioner – State, has emphasized the expression 'regular service' used in the GRs dated 8 June 1995 and 20 July 2001 to submit that the respondents – employees can claim benefits under the TBPS or ACPS only w.e.f. 1 December 2006 i.e., upon the date of completion of 12 years of service after regularization w.e.f. 1 December 1994, in terms of the GR dated 1 December 1994. Mr. Kumbhakoni, by relying upon the decisions of the Hon'ble Supreme Court in State of Rajasthan vs. Surendra Mohnot, (2014) 14 SCC 77 State of Rajasthan & Ors. vs. Jagdish Narain Chaturvedi, (2009) 12 SCC 49 State of Haryana vs. Haryana Veterinary & Ahts Association & Anr., (2000) 8 SCC 4 Punjab State Electricity Board & Ors. Vs. Jagjiwan Ram & Ors., (2009) 3 SCC 661 has submitted that the expression 'regular service' means and implies the services rendered by an employee after he is appointed or admitted to a cadre or after he is appointed or admitted to the membership of the service and therefore, any service rendered by such employee before such date, can never be regarded as “regular service”, even though, it may be regarded as “continuous service”. Mr. Kumbhakoni assailed the impugned orders made by the MAT for what he described as “confusion between the concepts of regular service and continuous service” and on this basis, submitted that the impugned orders warrant interference under Articles 226 and 227 of the Constitution of India.

6. Mr. Kumbhakoni, relying upon the decision of this Court in Arjun Vasant Rane & Ors. vs. Secretary, Government of Maharashtra, Higher and Technical Education Department &