JUDGMENT/ORDER

RAVINDRA V.GHUGE, J. - The Division Bench of this Court (Coram : Dr. Manjula Chellur, CJ and R.M. Borde, J.) passed an order on 29/6/2017, recording in paragraphs 2 to 9 as under:-

"2] The petitioner entered the Department as a Junior Clerk and it is also not in dispute that she was given the benefit of Assured Progress Scheme (APS) benefit after completion of 12 years of service when she did not have the opportunity of getting promoted. Apparently, she appeared for a test conducted in terms of Subrule (b) of Rule 580 of the Civil Manual and failed to get bench mark of 40 marks in the said test. Therefore, the Department ultimately directed her to refund all the amount, which was paid to her under Assured Progress Scheme. Aggrieved by the same, the petitioner is before this Court. 3] Learned counsel for the petitioner places reliance upon two Division Bench judgments of this Court reported in 2005 (3) Maharashtra Law Journal, 245 in the case of Shrirang Atmaram Nikam v. District and Sessions Judge, Thane and others so also 2007 (6) Maharashtra Law Journal, 426 in the case of Ramesh Samhari More v. Registrar, District Court, Solapur and others.

4] The petitioner has pla