Indal Narsing Aade And Others v. The State Of Maharashtra And Others

(Judgment) (1) W.P. No. 12453 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 12453 of 2019 District : Nanded

1. Indal s/o. Narsing Aade, Age : 39 years, Occupation : Superintendent.

2. Raju s/o. Laxman Wathore, Age : 36 years, Occupation : Cook.

3. Arun s/o. Khiru Rathod, Age : 56 years, Occupation : Cook.

All are R/o. Primary Ashram School, Rajgad, .. Petitioners Taluka Kinwat, Dist. Nanded.

versus

1. The State of Maharashtra, Through its Secretary, Social Justice and Special Help Department, Mantralaya, Mumbai - 32.

2. The Director, V.J.N.T., O.B.C. & S.B.C.

Special Help Department, Maharashtra State, Pune.

3. The Divisional Deputy Commissioner, Social Welfare, Latur.

4. The Assistant Commissioner, Social Welfare Department, .. Respondents Nanded, Taluka & Dist. Nanded.

(Judgment) (2) W.P. No. 12453 of 2019 ...........

Mr. Dhanaji S. Kudle, Advocate, for the petitioners. Mr. K.B. Jadhavar, Assistant Government Pleader, for respondent nos.01 to 04.

...........

CORAM : S.V. GANGAPURWALA & SMT. VIBHA KANKANWADI, JJ.

DATE : 14TH OCTOBER 2019 ORAL JUDGMENT (Per S.V. Gangapurwala, J.) :

01.

Rule. Rule made returnable forthwith.

02.

Heard finally with the consent of learned Counsel for the respective parties.

03.

The issue raised in this petition is no more res integra and is covered by the decision rendered by this Court in Writ Petition No. 7256 of 2011 and other companion matters decided on 2nd December 2013 as well as decision of the Division Bench at Mumbai in Writ Petition No. 2358 of 2013 and other companion matters decided on 21st September 2013.

04.

In the facts of this case and in view of the judgments referred above, writ petition deserves to be allowed and the same is accordingly allowed. Respondents are directed to examine the case of each of the individual petitioners for deciding whether

(Judgment) (3) W.P. No. 12453 of 2019 they satisfy the criteria laid down under ACPS scheme applicable to private aided government schools under the Government Resolution dated 30-04-1998 as amended from time to time and if it is found that petitioners are entitled to claim benefits under the scheme and they satisfy the eligibility criteria, respondents shall extend the benefits to them. Respondents shall scrutinize case of the individual petitioners within a period of six months and extend the benefits to the eligible petitioner as expeditiously as possible and preferably within a period of four months from such scrutiny.

05.

Rule made absolute in the above terms. No costs.

( Smt. Vibha Kankanwadi ) ( S.V. Gangapurwala ) JUDGE JUDGE ...........

puranik / WP12453.19