Bapu Mansing Walvi And Others v. The State Of Maharashtra Through Its Secretary And Others

1 wp 3127.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO.3127 OF 2022 BAPU MANSING WALVI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners:

Mr. Bhalerao Rajendrakumar D AGP for Respondent/State: Mr. S. K. Tambe ...

CORAM:S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATE: 03rd MARCH, 2022 PER COURT:

1.

Heard.

2.

The A.G.P.

accepts notice for Respondent/State.

3.

Mr. Bhalerao, learned Counsel submits that the issue in the present petition is covered by the order of this Court in various Writ Petitions such as Writ Petition No.446 of 2015 decided on 15.06.2015.

2 wp 3127.2022 4.

The learned A.G.P. on going through the said order and the present petition, affirms that the Petitioners are similarly situated.

5.

In light of the above, we pass the following order:

ORDER

(i) We declare that the benefit of ACPS, which is applicable to the employees of Group 'C' and 'D' non-teaching staff of the aided private schools in the State under the Government Resolution dated 30th April 1998 as modified from time to time shall be available to the non-teaching staff of the same category in the private aided Ashram Schools; (ii)The appropriate authority appointed by the State Government shall examine the individual cases of the Petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Government Schools

3 wp 3127.2022 under the Government Resolution dated 30th April, 1998 as modified from time to time;

(iii) We make it clear that the Petitioners will be entitled to the benefit of the said scheme, provided they satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staff of the private aided schools;

(iv)We grant time of six months to the Respondents to scrutinize the cases of the members of the Petitioners and to consider whether they are eligible for the benefit of ACPS;

(v) To those Petitioners who are found eligible, the benefit shall be extended as expeditiously as possible.

6.

The Writ Petition accordingly stands disposed of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] marathe