Ambadas Baliram Gaikwad v. The State Of Maharashtra Through Its Secretary And Others

25-wp-10929-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10929 OF 2024 Ambadas s/o. Baliram Gaikwad, Age : 54 years, Occ. Service, r/o. Bendri, Tq. Bhokar, Dist. Nanded ..Petitioner Vs.

1.

The State of Maharashtra, 2.

The Commissioner, Tribal Development, Nashik 3.

The Additional Commissioner, Tribal Development, Amravati 4.

The Project Officer, Integrated Tribal Development, Project Kinwat, Dist. Nanded ..Respondents ---- Mr.Vijay A. Dhakne, Advocate for petitioner Mr.A.A.A.Khan, AGP for respondents ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

AUGUST 25, 2025 ORDER :- Heard learned counsel for the petitioner and learned AGP for the respondents.

2.

The petitioner is working as a Hostel Superintendent in a private aided Ashram School. He is seeking second benefit of the

25-wp-10929-2024 Assured Career Progression Scheme (ACPS) available for the teaching and non-teaching staff of the Government-run Ashram School.

3.

According to learned counsel for the petitioner, the petitioner has not received benefit of the said scheme and therefore, approached this Court. He places reliance on the decision of this Court in the case of Maharashtra State Anudanit Ashram School Hostel and others Vs. The State of Maharashtra, Through its Secretary and others (Writ Petition No.1861 of 2025) decided on 10.02.2025.

4.

Learned AGP appearing for the respondents invites our attention to the reply affidavit filed on behalf of respondent no.4. From the said reply, it appears that the proposal of the petitioner was pending with the concerned authority, as some queries were raised by the authority to be answered by the Headmaster of the Ashram School. It further appears from the reply affidavit that the Headmaster of the school forwarded the queries for consideration of the authority. Learned AGP does not dispute that this Court has extended same benefit to the petitioner in the above referred Writ Petition.

25-wp-10929-2024 5.

Since the members of the teaching and non-teaching staff of the private aided Ashram schools are held entitled for the benefit of ACPS in the decision of this Court dated 10.02.2025 in Writ Petition No.1861 of 2025, relied on by learned counsel for the petitioner, we direct the respondents to consider the case of the petitioner for grant of benefit of the said scheme, on its own merits and in the light of the above mentioned decision. The petition stands disposed of accordingly.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP