Sanjay Shivram Pawar And Another v. The State Of Maharashtra And Others
1 22-WP-4334-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.4334 OF 2017 Sanjay s/o. Shivram Pawar and anr.
..Petitioners Vs.
The State of Maharashtra and ors.
..Respondents -- Mr.A.D.Pawar, Advocate for petitioners Ms.R.P.Gour, AGP for respondents -- CORAM : S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.
DATE : APRIL 03, 2017 PER COURT :
Heard.
2.
Learned A.G.P. accepts notice for the respondents.
3.
Mr.Pawar, 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
2 22-WP-4334-17.odt 15.6.2015. The learned A.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 :
(i) We declare that the benefit of A.C.P.S., 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 nonteaching 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 members of the petitioners for deciding, whether they satisfy the criteria laid down for availability of the benefit of A.C.P.S. to the private aided Government Schools under the
3 22-WP-4334-17.odt 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 nonteaching 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 eligible for the benefit of A.C.P.S.;
(v) The petitioners, if found eligible, shall be extended the benefit, as expeditiously as possible of A.C.P.S.;
(vi) The Writ Petitions is disposed of on above terms. No costs.
[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.] kbp