B.R.GAVAI, N.J.JAMADAR
ASSOCIATION OF SUB-ORDINATE SERVICE OF ENGINEERS MAHARASHTRA STATE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
N. J. JAMADAR, J.
1. Rule. With the consent of the parties, rule made returnable forthwith and heard finally.
2. This petition assails the legality, propriety and correctness of a judgment and order passed by the learned Vice-Chairman of the Maharashtra Administrative Tribunal, Mumbai Bench, in Original Application No.837 of 2016 ('OA'), dated 2nd February, 2017, whereby the OA filed by the Petitioners herein was dismissed.
3. The Petitioners had filed OA No.837 of 2016 before the Tribunal seeking declaration that 'Clause 2(b)(3) of the Government Resolution (GR) dated 1st April, 2010, (whereunder Modified Assured Career Progression Scheme (“MACP Scheme”) was implemented), which provided that the grant of nonfunctional or analogous higher pay-scale given after putting in specified years of service, without there being any increase in the duties and responsibilities of the incumbents, would be treated as the 'first benefit' under MACPS', was not applicable to them. Consequently, the Petitioners had prayed that the Government Circular dated 13th June, 2016, whereby the second benefit under the MACP Scheme, already granted to the Petitioners, was withdrawn, be quashed and set a
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