Vijay Nivrutti Warulkar v. The State Of Maharashtra Through Secretary And Others
2025:BHC-AUG:1135-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 928 WRIT PETITION NO. 566 OF 2025 Vijay Nivrutti Warulkar
VERSUS
1.
The State of Maharashtra, through its Secretary, Other Backward Bahujan Welfare Department, Mumbai 2.
The Director, Other Backward Bahujan Welfare, Pune 3.
The Deputy Director (Commissioner), Other Backward Bahujan Welfare, Latur 4.
The Assistant Director (Commissioner), Other Backward Bahujan Welfare Department, Nanded 5.
Madhyamik Ashram School, Neharu Nagar, Nagalgaon, Dist. Nanded, thr. Headmaster ....
Mr A. D. Pawar, Advocate for petitioner Mr M. M. Nerlikar, A.G.P. for respondents/State CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.
DATE : 14th January, 2025
(2) PER COURT:
1.
The petitioner, who is in the employment with respondent No.5/Private Ashram School, receiving grant-in-aid, is seeking to derive benefits of various Government Resolutions, whereby the State Government's employees have been extended the benefit of Assured Career Progression Scheme (ACPS), dated 08/06/1995, 30/04/1998 and the subsequent Government Resolutions.
2.
On the ground of discrimination, the Division Bench of this Court in the matter of Prashant Anandrao Borse and others Vs. State of Maharashtra and others in Writ Petition No.4202/2012 by the judgment and order dated 21/01/2014, has held such a scheme to be applicable to the employees of the private ashram schools. The decision has been subsequently followed by several Division Benches including in the matter of Kiran Namdeo Shinde and others Vs. State of Maharashtra and others in Writ Petition No.2358/2013 and connected petitions, decided at the Principal Seat on 21/09/2013. 3.
The writ petition is allowed. It is declared that the petitioner is entitled to be governed by the government resolutions and is entitled to receive the benefits of ACPS. The respondents shall
(3) undertake scrutiny and extend all the consequential benefits to him, as expeditiously as possible and in any case within a period of eight weeks.
(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk