Balaji Ramrao Sutar And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6197 OF 2016 1.

Balaji Ramrao Sutar Age : 42 years, Occ.: Service as Hostel Superintendent, R/o. C/o Sant Maroti Maharaj Kanegaonkar Ashram School, Bhosga, Ta. Lohara, District Osmanbad 2.

Tejabai Krishnath Kore, Age 40 years, Occu. Service, as Cook, R/o. Primary Ashram School, Mardi, Ta. Lohara, District Osmanabad 3.

Dhondiram Revappa Rathod, Age 49 years, Occ. Service, as Kamathi, R/o. Primary Ashram School, Mardi, Ta. Lohara, District Osmanabad 4.

Anil Baburao Somwanshi Age 41 years, Occ. Service, R/o Primary Ashram School, Mardi, Ta. Lohara, 5.

Shivanand Shankarrao Mule, Age 42 years, Occ. Service, as Cook, R/o. Primary Ashram School, Mardi,Ta. Lohara, 6.

Balaji Bhagwan Pathak, Age 46 years, Occ. Service as Hostel Superintendent, R/o Indira Gandhi Adarsh Primary Ashram School, Horti, Ta. Tuljapur, District Osmanabad.

7.

Rajendra Bhaskarrao Solankar Age 39 years, Occ. Service as Hostel Superintendent, R/o Nanduram Ashram School, Bahusaheb Nagar, Balsur, Ta. Omerga, District Osmanabad 8.

Janabai Mukund Chavan, Age 46 years, Occ. Service as Cook, R/o Nanduram Ashram School, Bahusaheb Nagar, Balsur, Ta. Omerga, District Osmanabad 9.

Rohidas Gopal Jadhav Age 44 years, Occ. Service as Kamathi, R/o. Nanduram Ashram School, Bahusaheb Nagar, Balsur, Ta. Omerga, 10.

Kundiba Tanaji Fattepure Age 36 years, Occ. Service as Madatnis, R/o Sant Dnyanashwawr Ashram School, Umergavan, Ta. and District Osmanabad 11.

Ram Shankar Wadar, Age 39 years, Occ. Service as Kamathi, R/o Sant Dnyanashwar Ashram School, Umregavan, Ta. and District Osmanabad 12.

Saraswati Machindra Jadhav, Age 45 years, Occ. Service as Cook, r/o Eklavya Primary School, Manglur (Yemgarwadi), Ta. Tuljapur, 13.

Lata Kishan Jadhav Age 45 years, Occ. Service as Cook, R/o Eklavya Primary School, Manglur (Yemgarwadi), Ta. Tuljapur,

14.

Sujata Palasram Ganvir Age 49 years, Occ. Service as Assistant Cook, R/o Eklavya Primary School, Manglur (Yemgarwadi), Ta. Tuljapur, District Osmanabad 15.

Ramakant Gapinath Pawar, Age 37 years, Occ. Service as Kamathi, R/o Eklavya Primary School, Manglur (Yemgarwadi), Ta. Tuljapur, 16.

Mangal Vithal Shinde Age 45 years, Occ. Service as Cook, R/o Mauli Ashram School, Koregaon, Tq. Omerga, 17.

Laxman Maruti Wadikar, Age 44 years, Occ. Service as Madatnis, R/o Mauli Ashram School, Koregaon, Tq. Omerga, District Osmanaba

18. Bhamabai Dashrath Warkad Age : 46 years, Occ. Service as Cook, R/o Mauli Ashram School, Koregaon, Ta. Omerga, 19.

Govind Sopan Lalekar Age : 43 years, Occ. Service as Kamathi, R/o Mauli Ashram School, Koregaon, Ta. Omerga, 20.

Vijaykumar Vithalrao Hude, Age 42 years, Occ. Service as a Peon, R/o Venutai Yeshwantrao Ashram School, Nilanga, Ta. Nilanga, District Latur 21.

Venkatrao Baburao Jadhav Age 52 years, Occ. Service as Kamathi,

R/o Venutai Yeshwantrao Ashram School, Nilanga, Ta. Nilanga, District Latur 22.

Meerabai Gopalrao Madibone Age 52 years, Occ. Service as Cook, R/o Venutai Yeshwantrao Ashram School, Nilanga, Ta. Nilanga, District Latur 23.

Mallava Dagdu Mane Age 40 years, Occ. Service as Cook, R/o Venutai Yeshwantrao Ashram School, Nilanga, Ta. Nilanga, District Latur 24.

Kalyan Tatarao Bhalerao Age 40 years, Occ. Service as Kamathi, R/o Anandrao Naik Primary Ashram School, Saptadarwadi, Ta. Ausa, District Latur 25.

Gunabai Ishwar Rathod Age 50 years, Occ. Service as Cook, R/o Anandrao Naik Primary Ashram School, Saptadarwadi, Ta. Ausa, District Latur 26.

Sidram Hiru Raut Age 53 years, Occ.Service as Madatnis, R/o Anandrao Naik Primary Ashram School, Saptadarwadi, Ta.Ausa, District Latur 27.

Hirubai Laxman Ade Age 46 years, Occ. Service as Cook, R/o Anandrao Naik Primary Ashram School, Saptadarwadi, Ta. Ausa, District Latur 28.

Fulabai Narayan Chavan Age 47 years, Occ. Service as Cook, R/o Sahara Primary Ashram School, Astha (Kasar), Ta. Lohara,

29.

Pandurang Tukaram Rathod Age 40 years, Occ. Service as Cook, R/o Sahara Primary Ashram School, Astha (Kasar), Ta. Lohara, 30.

Ashok Bal Pawar Age 45 years, Occ. Service as Madatnis, R/o Sahara Primary Ashram School, Astha (Kasar), Ta. Lohara, 31.

Santosh Rameshwar Pawar Age 38 years, Occ. Service as Kamathi, R/o Sahara Primary Ashram School, Astha (Kasar), Ta. Lohara, ...PETITIONERS

VERSUS

1.

The State of Maharashtra, Through its Secretary, Social Welfare Department, Mantralaya, Mumbai 2.

The Director, V.J.N.T., OBC and SBC Special Assistant Department, Maharashtra State, Pune 3.

The Regional Deputy Commissioner, Social Welfare Latur Division, Latur 4.

The Assistant Commissioner, Social Welfare Department, Latur 5.

The Assistant Commissioner, Social Welfare Department, Latur 6.

Sant Maroti Maharaj Kanegaonkar Ashram School, Bhosga, Ta. Lohara, Through Headmaster

7.

Primary Ashram School, Mardi, Ta. Lohara, District Osmanabad, Through Headmaster 8.

Indira Gandhi Adarsh Primary Ashram School, Horti, Ta. Tuljapur, District Osmanabad., Through Headmaster 9.

Nanduram Ashram School, Bahusaheb Nagar, Balsur, Ta. Omerga, District Osmanabad, Through its Headmaster 10.

Sant Dnyanashwar Ashram School, Umregavan, Ta. and District Osmanabad, Through its Headmaster 11.

Eklavya Primary School, Manglur (Yemgarwadi), Ta. Tuljapur, District Osmanabad, Through its Headmaster 12.

Mauli Ashram School, Koregaon, Ta. Omerga, District Osmanabad, Through its Headmaster 13.

Venutai Yeshwantrao Ashram School, Nilanga, Ta. Nilanga, District Latur, Through its Headmaster 14.

Anandrao Naik Primary Ashram School, Saptadarwadi, Ta. Ausa, District Latur, Through its Headmaster 15.

Sahara Primary Ashram School, Ashtra (Kasar), Ta. Lohara, District Osmanabad, Through its Headmaster ... RESPONDENTS

---- Mr. Anand V. Patil-Indrale, Advocate for the Petitioners Mr. K.D. Munde, A.G.P. for respondent Nos. 1 to 5 ---- CORAM :

R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : 28th November, 2016 ORAL JUDGMENT (PER : R.M. BORDE, J.) :

Heard.

2.

Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing and disposal at the admission stage. 3.

The issue raised in the instant petition is no more res integra and is also covered by the judgment delivered by the Division Bench at the Principal Seat in Writ Petition No. 2358/2013 and other companion matters, decided on 21st September, 2013.

4.

The aforesaid decision has been followed in number of matters, including a group of petitions bearing Writ Petition No. 7256/2011 and other companion matters, decided by the Division Bench of this Court on 2nd December, 2013, to which one of us (R.M. Borde, J.) is a member. In view of the decisions, referred to

above, the instant writ petition also deserves to be allowed and the same is accordingly allowed.

5.

The respondents are directed to examine the cases of each of the individual petitioner for deciding whether they satisfy the criteria laid down for claiming benefits under the ACPS to the private aided Government schools under the Government Resolution dated 30th April, 1998, as modified from time to time, and if it is found that the petitioners are entitled to claim benefits under the Scheme, and they satisfy the eligibility criteria, the respondents shall extend the benefits to the petitioners. The respondents shall scrutinize the cases of individual petitioners within a period of six months, and extend the benefits to such of the petitioners who are found eligible, as expeditiously as possible preferably, within a period of four months from such scrutiny.

6.

Rule is made absolute in the above terms. The Writ Petition stands disposed of in the above terms. Sd/- Sd/- [SANGITRAO S. PATIL] [R.M. BORDE] JUDGE JUDGE npj/wp6197-2016