Dashrath Chudiram Pawar v. The State Of Maharashtra And Others

WP No.8108/21

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8108 OF 2021 Dashrath Chudiram Pawar, Age 56 years, Occu. Kamathi, R/o. C/o. Primary Ashram School, Itoli, Ta. Jintur, Dist. Parbhani

...Petitioner.

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, Parbhani.

5.

Primary Ashram School, Itoli, Ta. Jintur, Dist. Parbhani, Through Headmaster.

....Respondents.

Mr. A.V. Indrale-Patil, Advocate for petitioner. Mr. A.V. Deshmukh, A.G.P. for respondents.

CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.

DATED : 30/07/2021.

ORAL JUDGMENT : [PER S.V. GANGAPURWALA, J.] .

Rule. Rule made returnable forthwith. By consent of parties, Petition is heard finally at the stage of admission.

WP No.8108/21 2) The petitioner is the member of the non-teaching staff of primary and secondary Ashram schools run by Social Welfare Department for V.J. & N.T. Category. He is claiming benefits of A.C.P.S. Scheme.

3) The issue involved in the present Petition is no longer res-integra, as has been decided in various Writ Petitions such as Writ Petition No.3861/2014 with connected Writ Petitions on 25/4/2014; Writ Petition No.7256/2011 with connected Writ Petitions decided on 2/12/2013. In light of above, we pass following order : I] 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.

4) Rule made absolute in above terms. Writ Petition stands disposed of in above terms.

[ R.N. LADDHA, J.] [S.V. GANGAPURWALA, J.] ssc/