Ramchandra Prabhu Kolhe And Another v. The State Of Maharashtra And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 977 WRIT PETITION NO. 10222 OF 2021 Ramchandra Prabhu Kolhe and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents Mr. Arvind G. Ambetkar, Advocate for the Petitioners. Mr. S. P. Tiwari, AGP for Respondents/State.
981 WRIT PETITION NO. 10226 OF 2021 Satish Zumbarrao Marathe and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents Mr. Arvind G. Ambetkar, Advocate for the Petitioners. Ms. G. L. Deshpande, AGP for Respondents/State. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATED : 16th September, 2021.
PER COURT:- .
Heard.
2.
The learned Assistant Government Pleader accepts notice for respondents.
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Mr. Ambetkar, learned counsel for petitioners submits that the issue in the present petitions is covered by the order of this Court in various writ petitions such as Writ Petition No.446 of 2015 decided on 15.6.2015. The learned A. G. P., on going through the said order and the present petitions, affirms that the petitioners are similarly situated. 4.
In light of the above, we pass the following order :
ORDER
(I) We declare that the benefit of ACPS, which is applicable to the employees of Group C and D non-teaching staff of the aided private schools in the State under the Govt. Resolution dated 30th April 1998 as modified from time to time shall be available to the non-teaching staff of the same category in the private aided Ashram schools; (II) The appropriate authority appointed by the State Govt. shall examine the individual cases of the petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Govt. schools under the Govt. Resolution dated 30th April 1998 as modified from time to time;
(III) 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 non-teaching staff of the
3 977-wp 10222-2021+.odt private aided schools;
(IV) We grant time of six months to the respondents to scrutinize the cases of the members of the petitioners and to consider whether they are eligible for the benefit of ACPS;
(V) To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible;
5.
In the light of that, the writ petitions are disposed of. No costs. ( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.