JUDGMENT :

Urmila Joshi Phalke, J.

1. Heard learned counsel for the parties finally.

2. RULE. Rule made returnable forthwith.

3. 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.

4. The respondent-Pundlik Dadaji Pipare is qualified as the Diploma holder in Civil Engineering. He was initially appointed as ‘Technical Assistant’ in Class-III on pay scale of Rs.260-10-390-15-420-15-495 vide appointment order dated 04/06/1982. He joined the service on 23/06/1982. The said pay scale was revised as Rs.975-1540 with effect from 01/01/1986 as per the provisions of M.C.S. (Revised pay) Rules, 1988. As per the contention of the petitioners-State Government vide Government Resolution dated 31/01/1989, the respondent was absorbed on the new post of ‘Civil Engineer Assistant’ with higher pay scale of Rs.1200-30-1440-E.B.-30-1800 by order dated 25/09/1989 with effect from 01/01/1989 by fixing the revised pay with additional two increments.

5. As the respondent had completed 12 years of regular service from hi