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Bombay High CourtWP/2717/2018disposed offdismissed for default

Rajkumar Haribhau Bhalerao And Others v. The State Of Maharashtra And Others

2019-08-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 wp 2717.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2717 OF 2018 Rajkumar Haribhau Bhalerao and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Parnere Satish B., Advocate for the Petitioner. Shri P. K. Lakhotiya, A.G.P. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 07TH AUGUST, 2019.

FINAL ORDER :

.

The petitioners claim to be Group - 'C' and Group - 'D' employees of private aided Ashram Schools. The petitioners seek ACPS benefit.

2.

We have heard the learned counsel for the petitioners and the learned A.G.Ps. for the respondents. 3.

The issue involved in the present petition is no longer res integra in view of the judgment of this court in Writ Petition No. 5904 of 2017 dated 02.05.2017 and such other matters and also the judgment at the Principal Seat at Bombay in Writ Petition

2 wp 2717.18 No. 2358 of 2013 dated 21 st September, 2013. 4.

In view of the decision rendered by the Division Bench, referred to above, the petition deserves to be allowed and the same is accordingly allowed.

5.

The respondents are directed to examine the cases of the petitioners for deciding whether they satisfy the criteria laid down for claiming benefits under the ACPS to the private aided Government schools under the Government Resolution dated 30 th April 1998, as modified from time to time, and if it is found that the petitioners are entitled to claim benefits under the ACPS and they satisfy the eligibility criteria, the respondents shall extend the benefits to the petitioners. The respondents shall scrutinize the cases of the petitioners within a period of six months and shall extend him the benefits to them as expeditiously as possible, and preferably within a period of four months from such scrutiny. 6.

The Writ Petition accordingly stands disposed of. No costs. [MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/August 19