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2026 DAILYLAW 15229 (BOM)

BHASKAR ABARAO KADAM v. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

WP/1770/2024 · 2026-09-28

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Judgment text

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{1} wp1770-24.doc drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1770 OF 2024 Bhaskar Abarao Kadam PETITIONER VERSUS The State of Maharashtra and Others RESPONDENTS ....... Mr. Kshitij Surve h/f MR. Hemant Surve, Advocate for Petitioner Mr. N. D. Batule, AGP for Respondent - State Mr. C. K. Shinde, Advocate for Respondents No.2 and 3 ....… [CORAM : NITIN B. SURYAWANSHI, & ABASAHEB D. SHINDE, J. J.] DATE : 28 th SEPTEMBER, 2026 ORDER : 1. By this Petition, the Petitioner has challenged communications dated 1st January, 2022 and 18th January, 2023 issued by the Respondents, thereby denying the third benefit of the Accelerated Promotion Scheme (APS) to the Petitioner. 2. It is the case of the Petitioner that he joined the services with the Respondents on 27th September, 1982 as a Clerk cum Steno Typist. On 20th August, 2023, the Government of Maharashtra introduced a scheme for its employees known as Accelerated Promotion Scheme. The Petitioner was given first benefit of the APS w.e.f. 08.07.1996 and the second benefit 2026:BHC-AUG:45702-DB {2} wp1770-24.doc w.e.f 08.07.2008. According to the Petitioner, though the Petitioner was entitled to receive the third benefit of the APS, it was not given to him. The Petitioner, therefore, made a representation on 24th August, 2020. The Registry of the District Court refused to extend the said benefit to the Petitioner vide order dated 1st January, 2022. Second representation of the Petitioner is also rejected vide order dated 18th January, 2023. Hence, the Petitioner has approached this Court. 3. Heard learned Advocate for the Petitioner, learned AGP for the State and learned Advocate for Respondents No.2 and 3 at length. 4. Learned Advocate for the Petitioner submits that though the Petitioner is eligible and entitled to receive the third benefit of the APS, the same is denied to him. He further submits that very cryptic and unreasoned orders are passed by the Respondent authorities while rejecting the claim of the Petitioner for the third APS benefit. 5. Learned AGP and learned Advocate for Respondents No.2 and 3 strenuously opposed the Writ Petition. 6. Having heard the learned Advocates for the Parties, since the impugned orders are unreasoned orders, without going into {3} wp1770-24.doc the merits of the matter, we are inclined to allow the Writ Petition. The Writ Petition is, therefore, allowed. The impugned orders dated 1st January, 2022 and 18th January, 2023 are hereby quashed and set aside. The matter is remanded back to Respondent No.3 for consideration afresh, on merits. 7. The Petitioner shall appear before Respondent No.3 on 26th October, 2026. Respondent No.3 shall give opportunity of hearing to the Petitioner and pass a reasoned order, within a period of 8 weeks from the first date of appearance of the Petitioner. [ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp1770-24.doc