UTTAM Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. With the consent of parties, taken up for final hearing.

(2.) MR . Thombre, the learned counsel for the petitioner states that, the petitioner was appointed as junior clerk in the year 1992. The petitioner has passed Lower Standard Departmental Examination and Higher Standard Departmental Examination. After the period of twelve years of continuous service the petitioner was given benefit of assured progress scheme vide order dated 16.05.2006. The said benefit was granted with effect from 01.10.2004.

(3.) MR . Shinde, the learned counsel for respondent Nos. 2 and 3 submits that, at the relevant time the promotional posts were not available and after completion of twelve years, the petitioner was granted benefit of in service assured progress scheme as per the policy. However, when post became available, the petitioner was not found eligible to be promoted to the said promotional post. As such the pay scale granted of the promotional post is rightly withdrawn. The learned counsel submits that, it is not withdrawn since 01.10.2004, it is only when the petitioner was considered not fit to be promoted and from that date only said promotional pay scale's recovery is made. According to the learned counsel the Committee has considered all relevant factors and thereafter has arrived at proper decision. No illegality has been committed.