Dismissed¶10

State of Maha. Thr. Its Sec. Water Resources, Dept. Mantralaya, Mumbai and Others v. Pradip Narayanrao Bhelande and Others

Bombay HC3 Apr 2025WP/2578/2024

Case brief

AI extract

What is this about?

ACP scheme; Assured Career Progression; upgradation versus promotion; Sectional Engineer; Junior Engineers; Government Resolution dated 16.4.1984; Government Resolution dated 08.6.1995; financial benefits; Maharashtra Administrative Tribunal judgment dated 19.06.2023; Water Resources Department; State of Maharashtra; Nagpur Bench; writ petition dismissed, no costs.

What did the court decide?

Promotion and upgradation are two different things altogether: promotion is an advancement to a higher position, indicating grant of the higher pay scale applicable to the promotional post. ¶10

State of Maha. Thr. Its Sec. Water Resources, Dept. Mantralaya, Mumbai and Others vs Pradip Narayanrao Bhelande and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the upgradation of the respondents from Junior Engineers to the post of Sectional Engineer (w.e.f. 01.04.1981 by Government Resolution dated 16.4.1984) amounts to promotion, such that the grant of financial benefits under the ACP scheme w.e.f. 2001 in terms of Government Resolution dated 08.6.1995 was justified.

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Court's answer

Promotion and upgradation are two different things altogether: promotion is an advancement to a higher position, indicating grant of the higher pay scale applicable to the promotional post.

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Ratio / Principle

Upgradation does not mean the availability of a higher position but mere financial benefits; accordingly, promotion cannot be equated with upgradation.

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Key takeaways

Since the equation of upgradation with promotion was the only plea raised, the Court saw no reason to interfere in the present petition.ratio¶10

Detailed headnote1 paragraphs

Writ Petition (Nagpur Bench) by the State of Maharashtra, Water Resources Department, questioning the Maharashtra Administrative Tribunal's judgment dated 19.06.2023, which had directed the petitioners not to take into consideration the upgradation granted on the post of Sectional Engineer while considering the applicants' entitlement to financial benefits under the ACP scheme, treating the upgradation of Junior Engineers to Sectional Engineer w.e.f. 01.04.1981 (Government Resolution dated 16.4.1984) as promotion justifying ACP benefits w.e.f. 2001 (Government Resolution dated 08.6.1995). The Division Bench (Avinash G. Gharote and Abhay J. Mantri, JJ.) held that promotion and upgradation are two different things altogether - promotion is an advancement to a higher position carrying the higher pay scale of the promotional post, whereas upgradation confers mere financial benefits without availability of a higher position - and that promotion cannot be equated with upgradation. As this was the only plea raised, the Court declined to interfere and dismissed the petition with no costs.

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1 908-2578-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 2578 OF 2024 State of Maharashtra, through its Secretary, Water Resources Department and others Vs. Pradip Narayanrao Bhelande and others

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Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

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Mr. Alap Palshikar, AGP for Petitioners Mr. V.A. Kothale, Advocate for Respondent Nos.1 to 8

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CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

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DATED : 3^rd APRIL, 2025

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The petition, questions the judgment dated 19.06.2023, passed by the learned Maharashtra Administrative Tribunal, which directs the present petitioners not to take into consideration the upgradation granted on the post of Sectional Engineer while considering the entitlement of the applicants for grant of financial benefits under the ACP scheme (page 150) on the ground, that since the respondents, who were originally working as Junior Engineers had been upgraded to the post of Sectional Engineer w.e.f. 01.04.1981 by the Government Resolution dated 16.4.1984, the same would amount to promotion and, therefore, the grant of the benefits, in terms of the Government Resolution dated 08.6.1995 of ACP w.e.f. 2001 was justified. We are unable to agree with this

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2 908-2578-24.odt

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contention for the reason, that promotion and upgradation are two different things altogether, inasmuch as promotion would be an advancement to a higher position, which would indicate grant of a higher pay scale applicable to the promotional post. As against this, upgradation, does not mean the availability of the higher position, but mere financial benefits. It is, therefore, apparent that promotion cannot be equated with upgradation. Since that is the only plea, raised we do not see any reason to interfere in the present petition. The petition is dismissed. No costs.

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(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

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MP Deshpande

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Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 03/04/2025 14:59:51

State of Maha. Thr. Its Sec. Water Resources, Dept. Mantralaya, Mumbai and Others v. Pradip Narayanrao Bhelande and Others

Case brief

What is this about?

What did the court decide?

State of Maha. Thr. Its Sec. Water Resources, Dept. Mantralaya, Mumbai and Others v. Pradip Narayanrao Bhelande and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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