Ganesh Ankush Pawar And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:637-DB 937 WP 225 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO. 297 OF 2025 GANESH ANKUSH PAWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Jadhav Vinod B. AGP for Respondent/State : Mr. M.K. Goyanka ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 09.01.2025 PER COURT :

Leave granted to add the management and the headmaster as a party respondents. Amendment to be carried out forthwith. 2.

The petitoiners are claiming Assured Career Progression Scheme (ACPS).

3.

Issue notice for final disposal. The learned A.G.P. waives service for all the respondents.

4.

We have heard both the sides.

5.

The petitioners, who are employees of the private aided Ashram School being run under the Other Backward Bahujan Welfare Department are seeking benefit of Assured Career Progression Scheme (ACPS), in light of the decision in the matter of Kiran Namdeo Shinde Vs. The State of Maharashtra and others, in Writ Petition No. 2358/2023 with connected writ petitions decided on 21.09.2013 (Principal Seat). 6.

Again, in the matter of Prashant Anandrao Borse Vs. The State of 1/2

937 WP 225 OF 2025.odt Maharashtra and others, Writ Petition No. 4202/2012, decided on 21.01.2014 (Aurangabad Bench), it has been expressly held that Government resolution dated 18.09.2000, 08.06.1995 and 27.03.2000 would be applicable to Class IV-Group D employees of aided Ashram Schools.

7.

In light of such consistent view expressed by the various benches, we pass following order:

i) It is declared that the benefit of ACPS would be applicable to the petitioners who are non teaching staff of Private Aided Ashram Schools under the Government Resolution dated 08.06.1995, 27.03.2000, 18.09.2000 and 30.04.1998 as modified by subsequent resolutions issued from time to time.

ii) The appropriate authority appointed by the State Government shall examine individual case of the petitioners for deciding whether they satisfy the criteria laid down therein for deriving the benefit of ACPS. The exercise shall be concluded within four (4) months. iii) The petitioners, if found entitled to derive the benefit, shall be extended the benefit immediately. ( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 2/2