Ramesh Maroti Adhagale And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 WRIT PETITION NO. 9198 OF 2018 RAMESH MAROTI ADHAGALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Dhakne Vijay A. AGP for Respondents : Mr. A.V.Deshmukh ---- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : AUGUST 8, 2018 O R D E R :

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The petitioners are the members of the non teaching staff in Group D category. They claim the benefit of A.C.P.S. 2.

Mr. Dhakne, the learned counsel for petitioners and Mr. Karlekar, the learned A. G. P. submit that, the parties would be governed by the decision of the Division Bench of this Court at Principal Seat at Bombay in Writ Petition No. 2358 of 2013 with other connected writ petitions decided vide judgment dated September 21, 2013.

wp9198.18 3.

In the light of that, we also adopt the same recourse and pass the following order.

O R D E R

A.

We declare that the benefit of ACPS, which is applicable to the employees of Group "C" and "D" nonteaching 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. B.

The appropriate Authority appointed by the Stateshall examine the individual cases of the petitioners for deciding whether they satisfy the criteria laid down for of the benefit of ACPS to the private aided Government Schools under the Government Resolution dated 30th April, 1998 as modified from time to time.

C.

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. D.

We grant time of six months to the respondents to

wp9198.18 scrutinize the cases of the petitioners and to consider whether they are eligible for the benefit of ACPS.

E.

Those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible. F.

The writ petition accordingly disposed of. No costs. [SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm