STATE OF MAHARASHTRA Vs. MADHUKAR ANTU PATIL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 9/9/2021 passed by the High Court of Judicature at Bombay in Writ Petition No. 3118 of 2021, by which the High Court has dismissed the said writ petition preferred by the appellants herein and has confirmed the judgment and order dtd. 25/6/2019 passed by the Maharashtra Administrative Tribunal, Mumbai (hereinafter referred to as the 'Tribunal'), by which the Tribunal allowed Original Application No. 238/2016 and quashed and set aside orders dtd. 6/10/2015 and 21/11/2015, thereby down-grading his pay scale and pension, the State of Maharashtra and others have preferred the present appeal.

(2.) That respondent no.1 herein was initially appointed on 11/5/1982 as a Technical Assistant on work charge basis and continued on the said post till absorption. By G.R. dtd. 26/9/1989, 25 posts of Civil Engineering Assistants were created and respondent no.1 herein was absorbed on one of the said posts. Respondent no.1 was granted the benefit of first Time Bound Promotion (for short, 'TBP') considering his initial period of appointment of 1982 on completion of twelve years of service and thereafter he was also granted the benefit of second TBP on completion of twenty four years of service. Respondent No.1 retired from service on 31/5/2013. After his retirement, pension proposal was forwarded to the Office of the Accountant General for grant of pension on the basis of the last pay drawn at the time of retirement.

(3.) We have heard Mr. Sachin Patil, learned counsel appearing on behalf of the appellants and Mr. Sandeep Sudhakar Deshmukh, learned counsel appearing on behalf of the contesting respondent.