Prakash Pandurang Ghuge And Another v. The State Of Maharashtra And Others

1 5-WP-10500 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10500 OF 2016 Sanjay s/o. Balajirao Kakade, Age : 34 years, Occ. Service, r/o. Pu. Ahilyadevi Holkar Prathmik Ashram School, Hasapur, Tq. and Dist. Nanded and others ..Petitioners Vs.

The State of Maharashtra, Through its Secretary, Social Justice and Special Help Department, Mantralaya Mumbai - 32 and others ..Respondents AND WRIT PETITION NO.11078 OF 2016 Prakash s/o. Pandurang Ghuge, Age : 46 years, Occ. Service r/o. Itoli (Tanda), Tq. Jintur, Dist. Parbhani and another ..Petitioners Vs.

The State of Maharashtra, Through Secretary, Social Justice and Special Help Department, Mantralaya, Mumbai - 32 and others ..Respondents

2 5-WP-10500 and ors.odt AND WRIT PETITION NO.11123 OF 2016 Prakash s/o. Nandu Rathod, Age : 45 years, Occ. Service, r/o. Wadoda-Bajar, Tq. Phulambri, Dist. Aurangabad ..Petitioners Vs.

The State of Maharashtra, Through Secretary, Social Justice and Special Help Department, Mantralaya, Mumbai - 32 and others ..Respondents AND WRIT PETITION NO.12892 OF 2016 Pralhad s/o. Bhagwan Talekar, Age : 36 years, Occ. Service, r/o. Marathwadi Tanda, Tq. Ashri, Dist. Beed and others ..Petitioners Vs.

The State of Maharashtra, Through Secretary, Social Justice and Special Help Department, Mantralaya, Mumbai - 32 and others ..Respondents -- Mr.D.S.Kudale, Advocate for petitioners in W.P. No.10500 of 2016 and Mr.A.D.Pawar, Advocate for petitioners in W.P. Nos.11078, 11123 and 12892 of Mr.S.B.Joshi, AGP for respondent nos.1 to 4

3 5-WP-10500 and ors.odt CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 06, 2017 ORAL JUDGMENT :

Rule, made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally.

2.

These petitions are filed for giving direction to the respondents to consider the claim of the petitioners for giving them benefit of the Assured Career Progress Scheme ("ACPS", for short).

3.

The statements made by both sides show that the Division Bench of this Court at Principal Seat Bombay in Writ Petition No.2358 of 2013 (Kiran Namdeo Shinde and ors. Vs. The State of Maharashtra and ors.) and other companion Writ Petitions, vide the judgment delivered on 21.09.2013 has decided the issue of entitlement of the non-teaching staff of Ashram School to get

4 5-WP-10500 and ors.odt higher pay scale. That decision was followed by this Court in Writ Petition No.1002 of 2016 (Ramling s/o. Amrutrao Patil and ors. Vs. The State of Maharashtra and ors.) decided on 15.04.2016.

4.

As the point raised in this petition is no more res-integra in view of the judgment of the Division Bench in Writ Petition No.2358 of 2013, referred to above, we pass the following order :- 5.

All the present Writ Petitions are allowed. The respondents are directed to examine the case of each individual petitioner for deciding whether, they satisfy the criteria laid down for claiming benefits under the ACPS to the private aided 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 ACPS and if they satisfy the eligibility

5 5-WP-10500 and ors.odt criteria, the respondents shall extend the benefits to the petitioners. The respondents shall scrutinize the case of the individual petitioner 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 six months from such scrutiny.

6.

Rule made absolute in the above terms.

The Writ Petitions stand disposed of accordingly. Sd/- Sd/- [SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp