Anil Shrikrushna Kolangde And Others v. The State Of Maharashtra And Others

{1} 56 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14669 OF 2021 ANIL SHRIKRUSHNA KOLANGDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners : Mr. R.D. Thorat AGP for Respondent Nos. 1 to 5 : Mr. P.K. Lakhotiya CORAM : A.S. GADKARI & S.G. MEHARE, JJ.

DATE : 14TH FEBRUARY, 2022.

P. C. :- 1] Heard learned counsel for petitioner and learned AGP for respondent Nos. 1 to 5.

2] Mr. Thorat, learned counsel for the petitioners submitted that, the issue involved in the present petition is squarely covered by an Order of this Court dated 16.9.2021 passed in W.P. Nos. 10222/2021 and 10226 of 2021.

Learned AGP, after perusing record fairly conceded to the said fact.

3] In view thereof, we pass the following order :- i) We declare that, the benefit of ACPS, which is applicable to the employees of Group C and D non-teaching staff of the aided private schools in the State under the Govt. Resolution dated 30th April 1998 as

{2} 56 sr.no..odt modified from time to time shall be available to the non-teaching staff of the same category in the private aided Ashram schools; ii) The appropriate authority appointed by the State Govt. shall examine the individual cases of the petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Govt. schools under the Govt. Resolution dated 30th April 1998 as modified from time to time;

iii) We make it clear that, the petitioners will be entitled to the benefit of the said scheme, provided they satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staff of the private aided schools;

iv) We grant time of six months to the respondents to scrutinize the cases of the members of the petitioners and to consider whether they are eligible for the benefit of ACPS;

4] Petition is allowed in aforesaid terms and is accordingly disposed of.

No orders as to costs.

[S.G. MEHARE] [A.S. GADKARI] JUDGE JUDGE.

grt/-