Chandrakant Eknath Bansode And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:4306-DB 13398.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 WRIT PETITION NO. 13398 OF 2023

1. CHANDRAKANT EKNATH BANSODE

2. MAROTI IRRABA RAJMOD

3. GANESH SATWAJI BEEDKAR

4. SANTOSH BABURAO HANWATE

VERSUS

1. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, MUMBAI

2. THE DIRECTOR, V.J.N.T., OBC AND SBC SPECIAL ASSISTANT DEPARTMENT, PUNE

3. THE REGIONAL DEPUTY COMMISSIONER, SOCIAL WELFARE, LATUR

4. THE ASSISTANT COMMISSIONER, SOCIAL WELFARE, HINGOLI

5. ANANT PRIMARY ASHRAM SCHOOL, BABULGAON, TQ. SENGAON, DIST. HINGOLI

6. SECONDARY ASHRAM SCHOOL, BABULGAON, TQ SENGAON, DIST. HINGOLI ....

Mr A. V. Patil Indrale, Advocate for petitioners Mr V. M. Kagne, A.G.P. for respondent Nos.1 to 4 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 13th February, 2025 PER COURT:

1.

The petitioners who belong to non-teaching staff of respondent Nos.5 and 6 /Ashram schools being run by private management on grant-in-aid, are seeking benefits of Assured Career Progression Scheme (ACPS) as have been made applicable to the state

13398.23wp (2) government employees and which have also applicable to the employees of teaching as well as non-teaching staff in private school receiving grant-in-aid vide the judgment in the matter of Kiran Namdeo Shinde and others Vs. State of Maharashtra and others (Writ Petition No.2358/2013). There are other subsequent decisions of this Court on the same lines.

2.

In the light of aforementioned decisions, the petition is allowed. The impugned communication is quashed and set aside. It is declared that the petitioners are entitled to derive the benefits of ACPS. Respondents shall undertake a scrutiny and extend the benefits to the petitioners, as expeditiously as possible and in any case within a period of eight weeks. However, the arrears are restricted prior to three years of filing of the writ petition.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk