Sadanand Kamaji Kapure And Others v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1071 OF 2017 Sadanand S/o Kamaji Kapure and others Vs. The State of Maharashtra and others.

WITH WRIT PETITION NO.2004 OF 2017 WRIT PETITION NO.2005 OF 2017 WRIT PETITION NO.2006 OF 2017 WRIT PETITION NO.2007 OF 2017 WRIT PETITION NO.2008 OF 2017 WRIT PETITION NO.2009 OF 2017 WRIT PETITION NO.2024 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.A.D.Pawar, advocate for the petitioners.

Mr.P.S.Patil, Mrs.M.A.Deshpande, Additional Government Pleaders, Mr.R.B.Bagul, Mr.M.B.Bharaswadkar, Mrs.V.N.Patil, Mr.Y.G.Gujrathi, A.G.Ps. for the State. CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 14.02.2017.

PER COURT :

1.

Heard.

2.

Learned A.G.Ps. accept notice for Respondents. 3.

Mr.Pawar, learned counsel submits that the issue in the present petitions is covered by the order of this Court in various Writ Petitions such as W.P.No.446/2015 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 : (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 Government 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 Government shall examine the individual cases of the members of the petitioners for deciding whether they satisfy the criteria laid down for availability 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;

(iii) We make it clear that the petitioners' member 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 private aided Schools;

(iv) We grant time of six months to the respondents to scrutinize the cases of the members of the petitioner 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;

(vi) The writ petitions are disposed of on above terms. No costs. (K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.14.02.2017.

asp/office/wp1071.17