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Bombay High CourtWP/767/2019disposedoff

Laxmi Gyanuji Lokhande And Others v. The State Of Maharashtra, Through Its Secretary, Tribal Development Department, Mumbai And 3 Others

2021-07-23Hon'Ble The Chief Justice,Hon'Ble Shri Justice A.S. Chandurkar2 pages

2307wp767 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.767/2019 Laxmi Gyanuji Lokhande and others ...Versus...

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri P.S. Kshirsagar, Advocate for petitioners Ms N.P. Mehta, AGP for respondent nos.1 to 4 CORAM : DIPANKAR DATTA, C.J. & A.S. CHANDURKAR, J.

DATE : JULY 23, 2021 1.

The parties, represented by Shri P.S. Kshirsagar, learned Advocate and Ms N.P. Mehta, learned Assistant Government Pleader, are ad idem that the issue raised in this writ petition is no longer res integra in view of the several decisions rendered by this Court, which are annexed to it. 2.

In such view of the matter, we proceed to dispose of the writ petition with similar appropriate order. 3.

The respondents shall examine the cases of each of the individual petitioners for deciding whether they satisfy

2307wp767 of 2019.odt the criteria laid down for claiming benefits under the Assured Career Progression Scheme, applicable to the private aided schools under Government Resolution dated 30/4/1998 and as modified from time to time; and if it is found that any or all the petitioners do satisfy the eligibility criteria, he/they shall be extended benefits of the Scheme by the respondents. Let such exercise be completed within a period of six months from the date of receipt of a copy of this order. 4.

The respondents shall not unduly delay grant of benefits to such of the eligible petitioners immediately after a decision is taken in terms of this order. In any event, payment of monetary benefits in favour of the eligible petitioners must be made within three months from the date of the decision. 5.

We also make it clear that if any of the petitioners is not found entitled to the benefits of the Scheme, a reasoned order shall be passed and communicated to him.

6.

The writ petition stands disposed of with the aforesaid directions. There shall be no order as to costs. (A.S. CHANDURKAR, J.) (CHIEF JUSTICE) Wadkar