Bombay High Court

MAHADEO NIVRUTTI CHATEversusTHE STATE OF MAHARASHTRA THR ITS DEPARTMENT OF GENERAL

Disposal: DISPOSED OFF

Holding

The petitioner is entitled to the benefits of the Assured Career Progression Scheme, including both promotions, as mandated by the 2001 government resolution.

Summary

The petitioner, appointed as a Mistry on 1 April 1981, claimed entitlement to two promotions under the Assured Career Progression Scheme after completing twelve years of service, first in October 1994 and again after a second twelve‑year period as per a government decision dated 20 July 2001. He argued that he was denied the promotional post of Assistant Engineer and the associated benefits, including pay arrears and pension adjustments. The respondent State and Zilla Parishad opposed the petition, but could not distinguish it from a prior judgment (Writ Petition No. 6572 of 2016) that upheld similar claims. The Court held that the petitioner is entitled to the scheme’s benefits, directing the government to grant the promotions, pay arrears with interest, and adjust his pension within six months. Accordingly, the writ petition was allowed and disposed of.

Issues considered

Whether the petitioner is entitled to the benefits of the Assured Career Progression Scheme for the promotion due in 1994.
Whether a second promotion entitlement arising after another twelve years of service is applicable to the petitioner.
Whether the 20 July 2001 government resolution mandates the grant of such benefits, including arrears and pension adjustments.

Subjects

Assured Career Progression Scheme
promotion
government resolution
service tenure
pension
arrears

Judgment

2026:BHC-AUG:41339-DB

(1) wp5868.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

28 WRIT PETITION NO. 5868 OF 2021

MAHADEO NIVRUTTI CHATE
VERSUS
THE STATE OF MAHARASHTRA THR ITS DEPARTMENT OF GENERAL

Mr. S.S. Jadhavar, Advocate for the petitioner.
Mr. P.K. Lakhotiya, AGP for the respondent-State.
Mr. S.R. Shirsath, Advocate for respondent No.2.

CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 07.09.2026

PC :-

01. Heard learned Advocate for the petitioner. The petitioner has

approached this Court seeking benefits of Assured Career Progression

Scheme, namely, आश्वासित प्रगती योजना. It is case of the petitioner that he

was appointed on 01.04.1981. He completed 12 years service in 1993.

By Government decision dated 08.06.1995, the Government came out

with a scheme of granting benefits of promotional post after completion

of 12 years in service. The scheme was to come into effect from 1 st

October, 1994. It is case of the petitioner that on 1 st October, 1994, he

became entitled to get benefit of promotional post. He was appointed as

“Mistry”. So he was entitled to get benefits of post of Assistant Engineer.

However, he was not given the benefit. The petitioner further submits
(2) wp5868.21

that on 20.07.2001, the Government again took a decision to give

second time promotion to which he became entitled in 2006.

02. Learned Advocate for the petitioner thus vehemently argued

that he should be given benefits of two promotions. First in 1994 and

second on completion of 12 years after 1994. He has annexed to the

petition a copy of judgment dated 07.12.2017 passed in Writ Petition No.

6572 of 2016. He submits that the case of the petitioner is covered

under said judgment and prays for allowing this Writ Petition.

03. Learned Advocate Mr. Shirsath appearing for respondent –

Zilla Parishad opposes this Writ Petition. However, he is not in a position

to distinguish present case from the judgment of this Court in Writ

Petition No. 6572 of 2016.

04. Considering the submissions and the position, we hold that

the petitioner is entitled to receive benefits of आश्वासित प्रगती योजना as

introduced by the Government vide resolution dated 20.07.2001. The

benefit of the scheme be made applicable to the petitioner including the

benefits of pay and arrears etc. and fix the pension accordingly within a
(3) wp5868.21

period of six months from today. If the arrears are not paid within six

months, the amount shall carry interest @ 6% per annum from the date

of this order.

05. This Writ Petition is accordingly allowed and disposed off.

[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]

snk/2026/Sep26/wp5868.21

Continue reading with your account

Checking your session…