Jamunabai Mohan Rathod v. The State Of Maharashtra And Others

( 1 ) 944 wp 14693.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 WRIT PETITION NO.14693 OF 2019 JAMUNABAI MOHAN RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Pawar Ajay D.

AGP for Respondents/State : Mr. K.N. Lokhande ...

CORAM : S.V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATE : 05.12.2019 P.C. :- The learned counsel for petitioner and the learned Additional Government Pleader are ad idem that petitioner is similarly situated as petitioners in Writ Petition No. 1071 of 2017 with other connected writ petitions decided on 14.02.2017.

2.

In the light of the above, we follow the same course. (i) The impugned order is quashed and set aside.

(ii) 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 Government Resolution dated 30th April, 1998 as modified from time to time shall be available to the nonteaching staff of the same category in the private aided Ashram Schools;

( 2 ) 944 wp 14693.19 (iii) The appropriate Authority appointed by the State Government shall examine the individual cases of the members of the petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Government Schools under the Government Resolution dated 30th April, 1998 as modified from time to time;

(iv) We make it clear that the petitioner will be entitled to the benefit of the said scheme, provided she satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staff of the private aided Schools;

(v) We grant time of six months to the respondents to scrutinize the case of the member of the petitioner and to consider whether she is eligible for the benefit of ACPS;

(vi) The petitioner if found eligible, the benefit shall be extended, as expeditiously as possible;

3.

The writ petition is disposed of. No costs.

[AVINASH G. GHAROTE, J.] [S.V. GANGAPURWALA, J.] mub