Vitthal Totaram Chavan And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9531 OF 2016

1. Raghunath Daulat Shinde, Age : Major, Occ. Service (Kamathi), r/o.V.J.N.T. Primary Ashram School, Navalnagar, Tq. and Dist. Dhule

2. Pating Kanhu Chavan, Age : 56 years, Occ. Service (Helper), r/o.V.J.N.T. Primary Ashram School, Navalnagar, Tq. and Dist. Dhule

3. Ushabai Chindha Wagh, Age: Major, Occ. Service (Helper), r/o. Bhagabai VJNT Primary Ashram School, Morane, Tal. and Dist. Dhule

4. Vandana Arjun Ahire, Age: Major, Occ. Service (Cook), r/o. Bhagabai VJNT Primary Ashram School, Morane, Tal. and Dist. Dhule

5. Lata Kisan Pawar, Age: Major, Occ. Service (Cook), r/o. Bhagabai VJNT Primary Ashram School, Morane, Tal. and Dist. Dhule

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6. Premsing Nandusing Pawar, Age: Major, Occ. Service (Kamathi), r/o. VJNT Primary Ashram School,Chabhara Tanda, Tal. Hadgaon, Dist. Nanded

7. Anandrao Pruthiviraj Kamble, Age: Major, Occ. Service (Helper), r/o. VJNT Primary Ashram School,Chabhara Tanda, Tal. Hadgaon, Dist. Nanded

8. Meera Khandoji Karhade, Age: Major, Occ. Service (Cook), r/o. VJNT Primary Ashram School,Chabhara Tanda, Tal. Hadgaon, Dist. Nanded

9. Laxman Kachru Jadhav, Age: Major, Occ. Service (Cook), r/o. VJNT Primary Ashram School,Chabhara Tanda, Tal. Hadgaon, Dist. Nanded 10.Trambak Sitaram Kalbhile, Age: Major, Occ. Service (Helper), r/o. VJNT Primary Ashram School,Dhavada, Tal. Bhokardan, Dist. Jalna 11.Rukhaman Dhanu Borade, Age: Major, Occ. Service (Cook), r/o. VJNT Primary Ashram School,Dhavada, Tal. Bhokardan, Dist. Jalna

3 32-WP-9531 and ors.odt 12.Yogiraj Natuba Kale, Age: Major, Occ. Service (Cook), r/o. VJNT Primary Ashram School,Dhavada, Tal. Bhokardan, Dist. Jalna 13.Ratan Bhimrao Borse, Age: Major, Occ. Service (Kamathi), r/o. VJNT Primary Ashram School,Dhavada, Tal. Bhokardan, Dist. Jalna 14.Zumbarbai Tarachand Pise, Age: Major, Occ. Retired (Cook), r/o. VJNT Primary Ashram School, Navalnagar, Tal. and Dist. Dhule 15.Dhanabai Uttam Bhil, Age: Major, Occ. Retired (Helper), r/o. VJNT Primary Ashram School, Sondale, Tal. Shindhakheda Dist. Dhule 16.Chandrakant Pitamber Bagal, Age: Major, Occ. Retired (Jr.Clerk), r/o. VJNT Primary Ashram School, Sondale, Tal. Shindhakheda Dist. Dhule 17.Prabhakar Jagnnath Sonovane, Age: Major, Occ. Retired (Kamathi), Bhagabai Wagh Primary Ashram School, Morane, Tal. and Dist. Dhule

4 32-WP-9531 and ors.odt 18.Mangal S/o Bhivsan Koli, Age: Major, Occ. Service (Kamathi), Shriram Mandir Committee Nadgaon, VJNT Primary Ashram School, Nadgaon, Tal. Bhusaval Dist. Jalgaon 19.Smt. Shobha Echaram Sarode, Age: Major, Occ. Service (Helper), Shriram Mandir Committee Nadgaon, VJNT Primary Ashram School, Nadgaon, Tal. Bhusaval Dist. Jalgaon ..Petitioners Vs.

The State of Maharashtra, Through Principal Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai - 32 and others ..Respondents AND WRIT PETITION NO.9890 OF 2016

1. Vitthal s/o. Totaram Chavan, Age : Major, Occu : Service (Field Servant), r/o. Post Basic Ashram School, Nagaonhill, Vidyawadi, Tq. and Dist. Dhule

2. Prahlad S/o Kisan Jadhav, Age: Major, Occ. Service (Peon), r/o. Post Basic Ashram School, Nagaonhill, Vidyawadi, Tal. and Dist. Dhule

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3. Kailas S/o Shankar Chilvante, Age : Major, Occu. Service (Kamathi), r/o. Post Basic Ashram School, Nagaonhill, Vidyawadi, Tal. and Dist. Dhule

4. Bilkisbi Salim Shaikh, Age : Major, Occ. Service (Cook), r/o. Post Basic Ashram School, Nagaonhill, Vidyawadi, Tq. and Dist. Dhule

5. Meerabai Ratansing Rathod, Age : Major Occ. Service (Cook), R/o. Kai Pranyawant Annasaheb Ashram S.S. Patil, V.J.N.T. Primary School, Loancharam Tanda, Tq. Amalner, Dist. Jalgaon.

6. Sahebrao S/o Chindha Wagh, Age : Major, Occ. Service (Cook), r/o. Kai Pranyawant Annasaheb, S.S. Patil, V.J.N.T. Primary Ashram School, Loancharam Tanda, Tq. Amalner, Dist. Jalgaon.

7. Bhagwan S/o Pitamber Patil(Old Name) @ Dattatrya S/o Dhudku Patil, Age : Major, Occ. Service (Cook), Kai Pranyawant Annasaheb, S.S. Patil, V.J.N.T. Primary Ashram School, Loancharam Tanda, Tq. Amalner, Dist. Jalgaon.

8. Anil S/o Prahlad Jadhav, Age : Major, Occ. Service (Kamathi), Kai Pranyawant Annasaheb, S.S. Patil, V.J.N.T. Primary Ashram School, Loancharam Tanda, Tq. Amalner, Dist. Jalgaon

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9. Kalpanabai Babulal Patil, Age : Major, Occ. Service (Cook), V.J.N.T. Primary Ashram School, Titavi, Tal. Parola, Dist. Jalgaon.

10.Sunil S/o Himatrao Patil, Age : Major, Occ. Service (Helper), V.J.N.T. Primary Ashram School, Titavi, Tal. Parola, Dist. Jalgaon.

11.Sunil S/o Bhagwan Patil, Age : Major, Occ. Service (Kamathi), V.J.N.T. Primary Ashram School, Titavi, Tal. Parola, Dist. Jalgaon.

12.Pandit S/o Soma Rathod, Age : 50 Years, Occ. Service (Helper), Haribhau Chavan Primary Ashram School, Lonje, Tal. Chalisgaon, Dist. Jalgaon 13.Chotibai Hainsraj Chavan, Age : 62 Years, Occ. Retired (Cook), Haribhau Chavan Primary Ashram School, Lonje, Tal. Chalisgaon, Dist. Jalgaon.

14.Jijabai Shivaji Gaikwad, Age : 61 Years, Occ. Retired (Cook), Haribhau Chavan Primary Ashram School, Lonje, Tal. Chalisgaon, Dist. Jalgaon.

15.Hainsraj Magan Chavan, Age : 63 Years, Occ. Retired (Cook) Haribhau Chavan Primary Ashram School, Lonje, Tal. Chalisgaon, Dist. Jalgaon

7 32-WP-9531 and ors.odt Vs.

The State of Maharashtra, Through Principal Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai - 32 and others ..Respondent AND WRIT PETITION NO.12211 OF 2016 Seema Vinayakrao Sathe, Age : Major, Occ. Service (Cook), r/o. V.J.N.T. Primary Ashram School, Nimbhora, Tq. Amalner, Dist. Jalgaon ..Petitioner Vs.

The State of Maharashtra, Through Principal Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai - 32 and ors.

..Respondent -- Mr.P.B.Patil, Advocate for petitioners Ms.R.P.Gour, AGP for respondents -- CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : FEBRUARY 16, 2017 ORAL JUDGMENT (Per T.V.Nalawade, J.) :

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

8 32-WP-9531 and ors.odt 2.

These petitions are filed for giving directions to the respondents to consider the claim of the petitioners for giving benefits of Assured Career Progress Scheme, as the petitioners have completed twelve years of service on their respective posts.

3.

The petitioners are relying on the decision of this Court at its Principal Seat at Bombay in Writ Petition No.2358 of 2013 (Kiran Namdeo Shinde and ors. Vs. The State of Maharashtra and ors.) and other companion petitions decided on 21.09.2013. The learned Counsel for the petitioners submits that the point involved in the present petitions is covered by the said judgment.

4.

Since the point involved in the present petitions is no more res-integra, we pass the following order :- (i) The respondents are hereby directed to consider the claim of the petitioners for giving

9 32-WP-9531 and ors.odt the benefits of the Assured Career Progress Scheme taking into consideration the relevant Government Resolutions, within a period of four months from today.

(ii) Rule made absolute accordingly. The Writ Petitions stands disposed of.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp