2025:BHC-AS:40413-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12070 OF 2025

1. Union of India and Others ] Through the Registrar General of India, ] Census Department, Ministry of Home ] Affairs, Government of India, ] 2A, Man Singh Road, New Delhi -110 011 ]

]

2. Shri Mritunjay Kumar Narayan ] The Registrar General of India, ] Census Department, Ministry of Home ] Affairs, Government of India, ] 2A, Man Singh Road, New Delhi -110 011 ]

]

3. Mr. Santosh N. Payas ] The Addl 5^th Joint Director and ] Head of Office, Directorate of Census ] Operations, Maharashtra, Mumbai ] 2^nd Floor, Exchange Building, Sir Shivsagar ] Ramgulam Marg, Ballard Estate, ]

Mumbai – 400 001. ] …. Petitioners.

V/s

Mrs. Shaila Shyamsunder Shringare ] Age 64 years, working as Data Entry ] Operator Data Centre, Mulund, 2^nd Floor, ] T Ward Municipal Office, Dev Dayal Road, ] Mulund (West), Mumbai 400 080 ] Census Department, Maharashtra and ] residing at B-404, Rameshwar Building, ] Neclakantha Heights, Pokhran Road no.2, ]

Thane (West), Pin- 400 610. ] ….Respondent.

Mr. Anil Singh, Additional Solicitor General with Adv. Mr. Abhijet Joshi, Adv. Ms. Varsha Sawant, Adv. Mr. Adarsha Vyas, Adv. Ms.

Rama Gupta for the petitioners.

Adv.Mr.Ramesh Ramamurthy with Adv. Mr. Saikumar Ramamurthy and Adv. Ms. Seema Sorte for the respondent.

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 20^TH SEPTEMBER 2025.

Per, Shree Chandrashekhar, CJ Six Original Applications vide O.A. Nos.30 of 2018, 26 of 2018, 27 of 2018, 28 of 2018, 29 of 2018 and 32 of 2018 were heard together and disposed of by a common order passed on 31^st January 2024. The grievance raised by the applicants before the Tribunal was that they were not extended the benefit under 2^nd ACP in PB-3 Grade Pay of Rs 5400/- which was admissible to the post of Senior Supervisor/DEOs. The said benefit was declined to the applicants on the ground that they did not possess requisite educational qualifications as per the Recruitment Rules for the post of Assistant Director (Data Centre).

2. The applicants are Senior Supervisors who were seeking a direction from the Tribunal for considering their case for grant of 2^nd ACP. Before the Tribunal, the order of rejection dated 2^nd September 2016 passed by the competent Authority was put to challenge. In that context, OM dated 10^th October 2016 was also challenged by the applicants. The applicants in support of the aforesaid challenge laid to the order dated 2^nd September 2016 and OM dated 10^th October 2016 relied on “Amresh Kumar Singh & Ors. v. State of Bihar & Ors” 2023 SCC OnLine 496 wherein the Hon’ble Supreme Court held that the educational qualification required under the Recruitment Rules for the promotional post is not necessary for in situ promotion. The applicants made a submission before the Tribunal that the Original Applications filed by them may be disposed of in the light of the decision of the Principal Bench in O.A. No.2416 of 2016 titled “Dharampal Singh & Ors. v. Union of India & Ors.” On the other hand, the Union of India relied on the decision in “Union of India and others v. M.V. Mohanan Nair” (2020) 5 SCC 421 wherein the Hon’ble Supreme Court observed that the grant of financial upgradation should be strictly in terms with the norms of promotion such as bench mark, departmental examination, seniority-cum-fitness etc.

3. Having considered the rival submissions and the decision in “Amresh Kumar Singh”, the Tribunal formed an opinion that O.A. Nos.30 of 2018, 26 of 2018, 27 of 2018, 28 of 2018, 29 of 2018 and 32 of 2018 may be disposed of with a direction to the respondents to consider the case of the applicants for 2^nd ACP/MACP for the post of Assistant Director. The Tribunal, therefore, passed the following order with a direction to the respondents to consider the applicants’ claim in a time-bound manner for grant of 2^nd ACP/MACP in the light of the decisions in “Amresh Kumar Singh” :-

“8. Be that as it may. In view