Santosh Lingayya Marapawar And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:11474-DB 22 WP NO. 5034 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5034 OF 2025 SANTOSH LINGAYYA MARAPAWAR AND OTHERS

VERSUS

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

• Mr. M. M. Nerlikar, Addl.GP for Respondents/State ...

CORAM

:

MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 21.04.2025 PER COURT :

.

Though none is present for the petitioner, the learned Addl.GP fairly concedes that the issue is squarely covered by the order passed by this Court consistently in similar matters, starting from the order passed in the matter of Kiran Namdeo Shinde and Ors. V/s. The State of Maharashtra in Writ Petition No. 2358 of 2013, decided at the principle seat on 21.09.2013.

2.

The writ petition is disposed of in terms of paragraph No. 21 of the order, which reads as under :- '21.

Hence, we dispose of the petitions, by passing the following order:- 1/2

22 WP NO. 5034 OF 2025 (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 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 petitioners and to consider whether they are eligibile for the benefit of ACPS; (v) To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible; (vi) Petitions are disposed of on above terms.'

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 2/2