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2024 Supreme(Bom) 36

NITIN W. SAMBRE, ABHAY J. MANTRI
Pundlik, s/o. Pratapsingh Rathod – Appellant
Versus
State of Maharashtra, through its Chief Secretary, Finance Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. I.G. Meshram.
For the Respondents: Mr. A.M. Kukday, Mrs. N.P. Mehta.

JUDGMENT :

(Abhay J. Mantri, J.)

Heard. Rule. The rule is made returnable forthwith.

2. This petition challenges the judgment and order dated 27-02-2020, passed in Original Application No.979/2018, by the learned Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur (for short, the "Tribunal"), dismissing the application filed by the petitioner claiming to set aside the impugned communication dated 14-11-2018, issued by the respondent no.2, in his favour.

3. On 24-08-1984, the petitioner was appointed as a Mukadam. On 24-08-1996, the petitioner received the ‘first benefit’ of the Assured Career Progression Scheme (for short - ACPS). Thereafter, Vide Government Resolution dated 29-09-2003, the petitioner was absorbed as a Karkoon from the post of Mukadam accordingly, his pay scale was fixed as per the said Government Resolution. After that, on 29-04-2008, he was promoted to ‘Civil Engineer Assistant’ in the Class-III cadre. On 31-08-2015, he retired from the service.

4. On 14-12-2017, he made a representation to respondent No. 2 for grant of a Second benefit under the ACPS. However, vide communication dated 14-11-2018, respondent no.2 informed him about negating his claim for grant o

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