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Bombay High CourtWP/3567/2020disposed offdismissed for default

Ramesh Jaywantrao Chandanshive And Another v. The State Of Maharashtra And Others

2020-03-11Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3567 OF 2020 Ramesh Jaywantrao Chandanshive and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Arvind G. Ambetkar, Advocate for Petitioners. Mrs. M. A. Deshpande, Addl.G.P. for Respondent Nos. 1 to 5. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

11TH MARCH 2020.

FINAL ORDER :

.

Heard.

2.

The learned Additional Government Pleader accepts notice for respondents.

3.

Mr Ambetkar, learned counsel for petitioners 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 15.6.2015. The learned Addl. G. P., on going through the said order and the present petition, affirms that the petitioners are similarly situated.

4.

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

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ORDER

(I) We declare that the benefit of ACPS, which is applicable to the employees of Group C and D nonteaching staff of the aided private schools in the State under the Govt. 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 Govt. shall examine the individual cases of the petitioner for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Govt. schools under the Govt. 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

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(V) To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible;

5.

In the light of that, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/March 20