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Bombay High Court

The Commissioner Animal Husbandry Pune ... vs Smt Kokilabai Prabhakar Solanke on 7 December, 2016

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                             1




                                                                            
              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD




                                                    
                           WRIT PETITION NO. 11452 OF 2016


    1.     The Commissioner,




                                                   
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.




                                           
    2.     Divisional Additional Commissioner,
           Animal Husbandry,
                              
           Nashik Division, Gangapur Road,
                             
           Nashik - 2.


    3.     District Deputy Commissioner for 
           Animal Husbandry,
      


           Nagar-Pune Road, Near Central 
   



           Bus Stand, Ahmednagar.


    4.     Regional Manager, 





           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                      ...Petitioners.





                    Versus


           Ranganath Pahadu Solanke,
           Age. 63 years, Occ. Retired,
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,

    khs/DEC.2016/11452-d




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                                           2




                                                                          
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.




                                                  
                                      WITH
                            WRIT PETITION NO. 11453 OF 2016




                                                 
    1.     The Commissioner,
           Animal Husbandry Maharashtra




                                         
           State Central Building, Pune, 400 001.


    2.
                              
           Divisional Additional Commissioner,
                             
           Animal Husbandry,
           Nashik Division, Gangapur Road,
           Nashik - 2.
      


    3.     District Deputy Commissioner for 
   



           Animal Husbandry,
           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.





    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,





           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.


                    Versus


           Smt. Shobhabai Pandurang Shirode,
           Age. 53 years, Occ. Service,

    khs/DEC.2016/11452-d




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                                          3




                                                                          
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,




                                                  
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.




                                                 
                                      WITH
                            WRIT PETITION NO. 11454 OF 2016




                                        
    1.     The Commissioner,
                              
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.
                             
    2.     Divisional Additional Commissioner,
           Animal Husbandry,
           Nashik Division, Gangapur Road,
      


           Nashik - 2.
   



    3.     District Deputy Commissioner for 
           Animal Husbandry,





           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.





    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.


                    Versus



    khs/DEC.2016/11452-d




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                                           4




                                                                          
           Smt. Anusaya Laxman Thombare,
           Age. 57 years, Occ. Retired,




                                                  
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,




                                                 
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.


                                      WITH




                                         
                            WRIT PETITION NO. 11455 OF 2016


    1.     The Commissioner,
                              
                             
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.


    2.     Divisional Additional Commissioner,
      


           Animal Husbandry,
   



           Nashik Division, Gangapur Road,
           Nashik - 2.





    3.     District Deputy Commissioner for 
           Animal Husbandry,
           Nagar-Pune Road, Near Central 





           Bus Stand, Ahmednagar.


    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.



    khs/DEC.2016/11452-d




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                                           5




                                                                          
                    Versus




                                                  
           Smt. Kokilabai Prabhakar Solanke,
           Age. 58 years, Occ. Service,
           R/o. At Walumata Prakashetra,




                                                 
           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.




                                         
                               ig     WITH
                            WRIT PETITION NO. 11456 OF 2016
                             
    1.     The Commissioner,
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.
      
   



    2.     Divisional Additional Commissioner,
           Animal Husbandry,
           Nashik Division, Gangapur Road,





           Nashik - 2.


    3.     District Deputy Commissioner for 





           Animal Husbandry,
           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.


    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,

    khs/DEC.2016/11452-d




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                                           6




                                                                          
           Dist. Ahmednagar.                                    ...Petitioners.




                                                  
                    Versus


           Smt. Vithabai Vasant Kshirsagar,




                                                 
           Age. 57 years, Occ. Service,
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,




                                         
           Station Road, Kopargaon,
                              
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.
                             
                                      WITH
                            WRIT PETITION NO. 11457 OF 2016


    1.     The Commissioner,
      


           Animal Husbandry Maharashtra
   



           State Central Building, Pune, 400 001.


    2.     Divisional Additional Commissioner,





           Animal Husbandry,
           Nashik Division, Gangapur Road,
           Nashik - 2.





    3.     District Deputy Commissioner for 
           Animal Husbandry,
           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.




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                                           7




                                                                          
    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,




                                                  
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.




                                                 
                    Versus


           Ambadas Veduji Bhujade,




                                         
           Age. 59 years, Occ. Retired,
                              
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,
                             
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.


                                      WITH
      


                            WRIT PETITION NO. 11458 OF 2016
   



    1.     The Commissioner,
           Animal Husbandry Maharashtra





           State Central Building, Pune, 400 001.


    2.     Divisional Additional Commissioner,





           Animal Husbandry,
           Nashik Division, Gangapur Road,
           Nashik - 2.


    3.     District Deputy Commissioner for 
           Animal Husbandry,
           Nagar-Pune Road, Near Central 

    khs/DEC.2016/11452-d




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                                           8




                                                                          
           Bus Stand, Ahmednagar.




                                                  
    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,




                                                 
           Dist. Ahmednagar.                                    ...Petitioners.


                    Versus




                                         
                              
           Smt. Tarabai Devram Dhangare,
           Age. 54 years, Occ. Service,
                             
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.
      
   



                                      WITH
                            WRIT PETITION NO. 11459 OF 2016





    1.     The Commissioner,
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.





    2.     Divisional Additional Commissioner,
           Animal Husbandry,
           Nashik Division, Gangapur Road,
           Nashik - 2.


    3.     District Deputy Commissioner for 

    khs/DEC.2016/11452-d




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                                           9




                                                                          
           Animal Husbandry,
           Nagar-Pune Road, Near Central 




                                                  
           Bus Stand, Ahmednagar.


    4.     Regional Manager, 




                                                 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.




                                         
                    Versus
                              
                             
           Madhukar Kondiram Langote,
           Age. 58 years, Occ. Retired,
           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,
      


           Station Road, Kopargaon,
   



           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.


                                      WITH





                            WRIT PETITION NO. 11460 OF 2016


    1.     The Commissioner,





           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.


    2.     Divisional Additional Commissioner,
           Animal Husbandry,
           Nashik Division, Gangapur Road,
           Nashik - 2.

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                                           10




                                                                          
    3.     District Deputy Commissioner for 
           Animal Husbandry,




                                                  
           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.




                                                 
    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,




                                         
           Dist. Ahmednagar.                                    ...Petitioners.


                    Versus
                              
                             
           Drupadabai Baburao Nikam,
           Age. 54 years, Occ. Service,
           R/o. At Walumata Prakashetra,
      


           Kopargaon, Karmachari Vasahat,
   



           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.





                                      WITH
                            WRIT PETITION NO. 11461 OF 2016





    1.     The Commissioner,
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.


    2.     Divisional Additional Commissioner,
           Animal Husbandry,
           Nashik Division, Gangapur Road,

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                                           11




                                                                          
           Nashik - 2.




                                                  
    3.     District Deputy Commissioner for 
           Animal Husbandry,
           Nagar-Pune Road, Near Central 




                                                 
           Bus Stand, Ahmednagar.


    4.     Regional Manager, 




                                         
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.
                               ig                               ...Petitioners.
                             
                    Versus


           Baburao Tulshiram Nikam,
      


           Age. 59 years, Occ. Retired,
   



           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,





           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.


                                      WITH





                            WRIT PETITION NO. 11462 OF 2016


    1.     The Commissioner,
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.


    2.     Divisional Additional Commissioner,

    khs/DEC.2016/11452-d




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                                           12




                                                                          
           Animal Husbandry,
           Nashik Division, Gangapur Road,




                                                  
           Nashik - 2.


    3.     District Deputy Commissioner for 




                                                 
           Animal Husbandry,
           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.




                                         
    4.     Regional Manager, 
                              
           Walumata Prakshetra, Kopargaon,
                             
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.


                    Versus
      
   



           Smt. Kalabai Ambadas Bhujade,
           Age. 57 years, Occ. Retired,
           R/o. At Walumata Prakashetra,





           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.





                                      WITH
                            WRIT PETITION NO. 11463 OF 2016


    1.     The Commissioner,
           Animal Husbandry Maharashtra
           State Central Building, Pune, 400 001.

    khs/DEC.2016/11452-d




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                                           13




                                                                          
    2.     Divisional Additional Commissioner,
           Animal Husbandry,




                                                  
           Nashik Division, Gangapur Road,
           Nashik - 2.




                                                 
    3.     District Deputy Commissioner for 
           Animal Husbandry,
           Nagar-Pune Road, Near Central 




                                         
           Bus Stand, Ahmednagar.


    4.     Regional Manager, 
                              
                             
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
           Dist. Ahmednagar.                                    ...Petitioners.
      


                    Versus
   



           Bhagat Aabu Gaikwad,
           Age. 61 years, Occ. Retired,





           R/o. At Walumata Prakashetra,
           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,





           Tq. Kopargaon, Dist. Ahmednagar.                     ...Respondent.


                                      WITH
                            WRIT PETITION NO. 11464 OF 2016


    1.     The Commissioner,
           Animal Husbandry Maharashtra

    khs/DEC.2016/11452-d




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                                           14




                                                                         
           State Central Building, Pune, 400 001.




                                                 
    2.     Divisional Additional Commissioner,
           Animal Husbandry,
           Nashik Division, Gangapur Road,




                                                
           Nashik - 2.


    3.     District Deputy Commissioner for 




                                         
           Animal Husbandry,
                              
           Nagar-Pune Road, Near Central 
           Bus Stand, Ahmednagar.
                             
    4.     Regional Manager, 
           Walumata Prakshetra, Kopargaon,
           Po. Tq. Kopargaon,
      


           Dist. Ahmednagar.                                   ...Petitioners.
   



                    Versus





           Smt. Kantabai Bhanudas Waje,
           Age. 57 years, Occ. Retired,
           R/o. At Walumata Prakashetra,





           Kopargaon, Karmachari Vasahat,
           Station Road, Kopargaon,
           Tq. Kopargaon, Dist. Ahmednagar.                    ...Respondent.


    Mr.N.T.Bhagat, AGP for the petitioners.
    Mr.P.V.Barde, Advocate for the respondents. 




    khs/DEC.2016/11452-d




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                                              15




                                                                               
                                    ( CORAM : RAVINDRA V. GHUGE, J.)




                                                       
                                        DATE  : 07/12/2016

    ORAL JUDGMENT : 

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner/establishment in all these matters is aggrieved by the judgment and order dated 22/07/2016 delivered by the Industrial Court, Ahmednagar vide which Complaint (ULP) Nos.86/2013 to 95/2013 and 97/2013 to 99/2013 have been allowed.

Complaint (ULP) Nos. 85 /2013 and 96/2013 have been rejected.

Consequentially, the benefits of the GR dated 08/06/1995 are granted to these succeeding complainants (Respondents herein).

3. The petitions have been filed only with regard to those complaints, which have been allowed by the Industrial Court.

4. In all these petitions, the respondents/workmen, who are identically placed, are all working as attendants with the petitioner department. None of them has passed the 8 th standard examination with English as a main subject.

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5. All these respondents had approached the Industrial Court claiming the benefits of the Time Bound Promotion Scheme, which was introduced by the GR dated 08/06/1995. Each of them is one stage below the post of a "Dresser" Class-IV in the Animal Husbandry Department. The Industrial Court allowed their complaints holding that they all are entitled to the promotional scale as there is no clause in the scheme prescribing eligibility to claim the higher scale.

6. Upon considering the strenuous submissions of the learned Advocates and the vehement submissions of Mr.Barde on behalf of the respondents/employees, I find that the dispute which calls for adjudication is as to whether these respondents are entitled to claim the benefits of the Time Bound Promotion Scheme as per the GR dated 08/06/1995.

7. The Hon'ble Apex Court in Dwijen Chandra Sarkar and another Vs. Union of India and another, [AIR 1999 SC 598], while dealing with the issue of time bound promotion and acquiring emoluments without actual promotions, has observed in paragraph Nos.11, 12 and 13 as under :-

"11. However, the position in regard to 'time-bound' promotions in different. Where there are a large number of employees in any khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 17 department and where the employees are not likely to get their comparatively low-position in the seniority list, Government has found it necessary that, in order to remove frustration, the employees are to be given a higher grade in terms of employments - while retaining them in the same category. This is what is generally known as the time bound promotion. Such a time-bound promotion does not affect the normal seniority of those higher up.
12. If that be the true purpose of a time-bound promotion which is meant (to) relieve frustration on account of stagnation, it cannot be said that the government wanted to deprive the appellants who were brought into the P & T Department in public interest - of the benefit of a higher grade. The frustration on account of stagnation is a common factor not only of those already in the P & T Department but also of those who are administratively transferred by Government from the Rehabilitation Department to the P & T Department. The Government, while imposing an eligibility condition of 16 years service in the grade for being entitled to time-bound promotion, is not intending to benefit only one section of employees in the category and deny it to another section of employees in the same category. The common factor for all these employees is that they have remained in the same grade for 16 years without promotions. The said period is a term of eligibility for obtaining a financial benefit of higher grade.
13. It the appellants are entitled to the time-bound promotion by counting service prior to joining the P & T Department, the next question is whether treating them as eligible for time-bound khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 18 promotion will conflict with the condition imposed in their transfer order, namely that these will not count their service for seniority purposes in the P & T Department."

8. The Hon'ble Apex Court has therefore ruled that in such schemes, which are introduced taking into account that the employees are not likely to get their promotion in the near future because of their comparatively low position in the seniority list, higher grade in terms of emoluments are made available to such employees while retaining them in the same category. They are not actually promoted but are given higher pay scales as if like they have been promoted.

9. With regard to the newly introduced Modified Assured Career Progression Scheme (MACPS), the learned Division Bench of this Court, at its principal seat has delivered an order on 24/06/2016 in WP Nos.7062/2014 and group of matters (The State of Maharashtra and others Vs. Dattatraya Mehta and others) and has observed in paragraph No.10 as under :-

"10. One of the notorious features of Government service is that several employees, though eligible and ever willing to promoted, do not actually secure such promotions, sometimes, during the entire tenure of their service. This stagnation, naturally leads to frustration. The State has consequently adopted schemes for khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 19 redressal of such situation arising out of lack of sufficient promotional avenues and the consequent stagnation. Broadly, such schemes to not contemplate actual promotions to the next higher post, but by way of consolation, award the pay-scale of the promotional posts, generally, upon an employees stagnating in a particular post for twelve years or twenty four years respectively. Such schemes, were earlier referred to as Time Bound Promotion Schemes and are now referred to as Assured Career Progression Schemes. The MACP Scheme, with which, we are presently concerned was formulated by the State Government vide G.R. Dated 1 April 2010. This G.R. Specifically states that the scheme will be applicable with retrospective effect, i.e. from 1 October 2006."

10. Such time bound promotion or assured promotion or MACP schemes have thus been interpreted as being such schemes by which those employees who are otherwise eligible and willing to be promoted, are not successful in actually securing such promotions considering their level in the seniority list or on account of lack of sufficient promotional avenues, would be extended monetary benefits of the promotional post. In order to overcome stagnation in service, such schemes have been introduced by which, such employees are given pay scales of the promotional posts by way of a consolation without actually being promoted to the said post.

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11. The communication by the Secretary of the Government, Agriculture and Co-operation Department dated 10/02/1983 is with regard to the "Dresser" Class-IV under the Directorate of Animal Husbandry (Recruitment) (Amendment) Rules, 1982. Rule 2(2) reads as under :

"1. These rules may be called the Dresser Class IV in the Directorate of Animal Husbandry (Recruitment) (Amendment) Rules, 1982.
2. For rule 2 of the Dresser Class IV in the Directorate of Animal Husbandry (Recruitment) Rules, 1981, the following shall be substituted, namely :-
1. .....................
"2 - Appointment to the post of Dresser in the Directorate of Animal Husbandry shall be made by promotion of a suitable person on the basis of seniority subject to fitness from amongst the persons holding the posts of Attendant in the Directorate of Animal Husbandry who have passed 8th Standard Examination of a Secondary School with English as one of the subjects."

By order of and in the name of Governor of Maharashtra."

12. As such, there is no debate, much less any dispute, that a person who is to be held eligible for promotion to the post of dresser, should have passed his 8th standard examination of a secondary school with English as one of the subjects. None of these respondents herein have passed their 8th standard with English as a khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 21 subject.

13. The entire case of the respondents hinges on the GR dated 08/06/1995 which has been brought to my notice. With the assistance of the learned Advocates, I have gone through the said GR. Clause 2 as well as sub clauses A to H (in Marathi v to ;) read as under :-

v-
gh ;kstuk 1 vkWDVkscj 1984 iklwu vaeykr ;sbZy-
c- ;k ;kstusvarxZr ojhy osruJs.kh feGfo.;klkBh inksUurhlkBh foghr dk;Zi/nrh] ts Ô~Brk] ik++=rk] vgZrk ijh{kk] foHkkxh; ijh{kk ;k ckchaph iqrZrk dj.ks vko';d vkgs-
d- ljG lsosr izfoÔV >kysY;k vFkok inksUurhus fu;qDr >kysY;k deZpk&;kaP;k ckcrhr ,d osG ;k ;kstusvarxZr 12 oÔkZuarjP;k fu;fer lsosuarj ojhÔ~B osruJs.kh vuqKs; vlsy-
M- T;k deZpk&;kauk ;kiqohZ nksuis{kk tkLr inksUurh feGkY;k vkgsr v'kk deZpk&;kauk ;k ;kstusvarxZr ojhÔ~B osruJs.kh feG.kkj ukgh-
bZ- xV M e/khy deZpk&;kauk ;k ;kstusvarxZr xV d e/;s osruJs.kh Eg.kts :-950&1400 fnyh rjh R;kaps lsokfuo`Rrhps o; 60 gsp vlsy- ek= xV d e/khy vU; ojhÔ~B inkoj R;kauk inksUurh feGkY;kl R;kaps lsokfuo`Rrhps o; 58 oÔZ jkghy- xV d e/khy in/kkjdkauk xV c e/khy jktif=r inkoj inksUurh ns.;klkBh ;k ;kstusvarxZr fopkj dsyk tk.kkj ukgh-
Q- ;k inksUurheqGs tckcnkjh vkf.k drZo; ;kr ok< gksr ulyh rjh fu;fer inksUurhizek.ks osru fuf'prhr ykHk ns.;kr ;sbZy- ek= osrufuf'prhr feGkysyk gk ykHk R;kl osruJs.khr dk;kZRed inksUurh feGkY;koj iqUgk ns; gks.kkj ukgh-
u- tj deZpk&;kl fo'ksÔ osru feGr vlsy rj ;k ;kstus[kkyhy inksUurhuarj deZpk&;kal eqG osruJs.khrhy fo'ksÔ osru vuqKs; jkg.kkj ukgh-
;- ;k ;kstusvarxZr inksUurh feGkyh rjh deZpk&;kaps uko dfuÔ~B ¼eqG½ laoxkZP;k tsÔ~Brk lqphr khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 22 jkghy] vkf.k lsokizos'k fu;ekrhy rjrqnhuqlkj miyC/k fjDrrsr ;ksX;osGh fu;fer inksUurhlkBh ¼Functional Promotion½ R;kpk fopkj dj.;kr ;sbZy] fu;fer inksUurhl vik= BjysY;k deZpk&;kl ;k ;kstuspk ykHk feG.kkj ukgh- R;kp izek.ks fu;fer inksUurh ukdkjysY;k deZpk&;kl ns[khy ;k inksUurhpk ykHk feGw 'kd.kkj ukgh- ;k vk/khp R;kauk ¼In-Site½ inksUurh fnyh vlY;kl eqGP;k inkoj inkoUur dj.;kar ;sbZy] r'kk vk'k;kps ca/ki= deZpk&;kauk fygwu n~;kos ykxsy] ek++= ns.;kar vkysY;k vkfFkZd ykHkkaph olqyh dsyh tk.kkj ukgh-"

14. Clause 2 would indicate that those employees who are otherwise not eligible to the higher posts, would be treated differently on the basis of the Annexure annexed to the said GR. However, clause 2(c) would indicate that only those candidates would be eligible for the benefits of the time bound promotion scheme, if they are otherwise eligible (ik=rk] vgZrk ifj{kk). Clause H (;) indicates that the eligible employee, who has been given the promotional scale under this scheme without actually being promoted, would be considered subsequently for actual promotion (functional promotion) as and when the vacancy arises.

15. In the light of the above, the contention of the petitioner that these respondents would not be entitled for the promotional scale of a "Dresser" Class-IV, if they have not passed 8 th standard examination khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 23 with English subject, is sustainable. It is apparent from the impugned judgments that the Industrial Court has failed to apply its mind to clause 2, 2(c) and 2(;) of the GR dated 08/07/1995, in as much as, it appears from the impugned judgment that these aspects were not specifically brought to the notice of the Industrial Court.

16. Considering the above, as it is evident that these respondents were not eligible to be promoted as "Dressers" considering clause 2(c) and 2(;), they cannot be held entitled for the promotional scale which accompanies the post of "Dresser" Class-IV. When these respondents, under clause 2(;) would not be eligible for being regularly promoted as and when the opportunity occurs, they cannot be held entitled for the promotional scale under clause 2(c). Unless the employee is eligible for promotion as per the eligibility criteria, he cannot be held entitled for the promotional scale under the Time Bound Promotion Scheme.

17. Mr.Barde submits that in WP Nos.10687/2014 to 10689/2014, this Court has directed the State Government to reconsider whether the 3 employees namely Babulal Tulshiram Nikam, Prabhat Pahadu Solanke and Madhukar Kondiram Nangote, are entitled for any benefits of the GR dated 08/06/1995. They have been protected as khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 ::: 24 against recovery of the money, that has been erroneously paid to them. He, therefore, prays that this Court may refer the cases of these respondents to the State Government for consideration or permit the respondents to make representations considering the fact that they are also suffering frustration on account of stagnation in service.

18. Considering the above, all these petitions are allowed. The impugned judgments dated 22/07/2016, being perverse and erroneous, are quashed and set aside in all the above mentioned complaints. Complaint (ULP) Nos.86/2013 to 95/2013 and 97/2013 to 99/2013 stand dismissed. Rule is discharged.

19. As the respondents desire to make representations to the State Government, in the event such representations are made, the State Government would be at liberty to deal with the same in accordance with their Government Resolution and policies.

( RAVINDRA V. GHUGE, J.) khs/DEC.2016/11452-d ::: Uploaded on - 09/12/2016 ::: Downloaded on - 10/12/2016 00:48:39 :::