Shivadas Golan Devakate And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11420 OF 2016 (Shivadas Golan Devakate and Others Vs. The State Of Maharashtra and others) ---- Mr. Kuleep S. Patil, Advocate for the Petitioners Mr. S.B. Pulkundwar, A.G.P. for the respondents/State Mr. D.B. Pokale, Advocate for respondent No.5 ---- CORAM :

S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 30th MARCH, 2017 PER COURT :

Heard.

2.

The petitioners are claiming benefit of A.C.P.S. i.e. Assured Career Progress Scheme on completion of 12 years qualifying service from the date of their initial service.

3.

The learned counsel for the petitioner submits that the petitioners are working in Group-D in Private Aided Ashram School and they are entitled for the benefit of A.C.P.S.

4.

Mr. Pulkundwar, the learned A.G.P. on going through the order dated December 2nd, 2013, passed by this Court in Writ Petition No.7256 of 2011 with connected writ petitions, accedes that the petitioners herein are similarly situated as the petitioners in the

wp11420-2016 aforesaid writ petitions. In view of that, we follow the same course.

5.

The respondents are directed to examine the cases of each of the individual petitioner for deciding whether they satisfy the criteria laid down for claiming benefits under the A.C.P.S. to the private aided Government schools under the Government Resolution dated 30th April 1998, as modified from time to time, and if it is found that the petitioners are entitled to claim benefits under the Scheme, and they satisfy the eligibility criteria, the respondents shall extend the benefits to the petitioners. The respondents shall scrutinize the cases of individual petitioners within a period of six months, and extend the benefits to such of the petitioners who are found eligible, as expeditiously as possible preferably, within a period of four months from such scrutiny.

6.

Rule made absolute in the above terms. The writ petition stands disposed of accordingly.

[SANGITRAO S. PATIL] [S.V. GANGAPURWALA] JUDGE JUDGE npj/wp11420-2016