Raju Narayan Waghmare v. The State Of Maharashtra And Others

2025:BHC-AUG:17589-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 WRIT PETITION NO. 8175 OF 2025 RAJU NARAYAN WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 975 WRIT PETITION NO. 8208 OF 2025 RAMRAO APPARAO MUSANDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Jadhav Vinod B., Advocate for the Petitioners Mr. S. K.Tambe, AGP for the Respondents State .....

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 8th July, 2025 P. C. :

.

In both these petitions, the petitioners are raising similar grievance of denial of benefits under the Assured Career Progress Scheme ( ACPS) despite having completed 12 years of service as non teaching staff in Ashram School. Attention of this Court is invited to the judgment and order dated 21.09.2013 passed by the Division Bench of this Court at Principal Seat in Writ Petition No. 2358 of 2013 and connected writ petitions, wherein, it was held that the non teaching staff of aided private schools would be entitled to benefits of the ACPS and a further direction was issued that individual cases of the

petitioners therein be examined and if they satisfy the eligibility criteria, appropriate benefit of ACPS be granted. 2.

The learned counsel for the petitioners further invited attention of this court to subsequent orders passed in Writ Petition Nos. 6086 of 2020 and 3650 of 2024, wherein, such relief was granted to similarly situated non teaching staff.

3.

We are of the opinion that the respondents ought not to await directions and orders by this Court in individual cases for considering the question as to whether such benefit of ACPS is to be granted to the members of the non teaching staff. This is leading to a number of petitions being unnecessarily filed before this Court, wherein directions are issued and thereupon, the respondents are undertaking the exercise of examining the eligibility of individual persons for grant of benefit of ACPS. It would be appropriate that such exercise is undertaken without the necessity of an express direction by this Court in future. 4.

In view of the above, the writ petitions are partly allowed by directing Respondent Nos 2 and 3 to consider the individual cases of the petitioners herein to examine as to whether they satisfy the criteria for granting benefit of the ACPS. If the petitioners satisfy the criteria, the benefit shall be granted.

5.

The exercise be completed within a period of six months from today. No further time will be granted.

( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan