Raju S/O. Deorao Girsavle And Others v. State Of Maharashtra, Thr. Secretary, Other Backward Bahujan Welfare Dept., Mumbaiand Others

1 3-WP-5080-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5080 OF 2021 (Raju s/o Deorao Girsavle & Ors. Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri P.S. Kshirsagar, Advocate for the petitioners. Ms. H.N. Jaipurkar, Assistant Government Pleader for the respondents/ State. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , J J .

D ATE : OCTOBER 12 , 202 2 .

P.C.

Rule. Rule made returnable forthwith and heard the learned Counsel for the parties.

Ms. H.N. Jaipurkar, learned Assistant Government Pleader waives notice for the respondents.

The petitioners are non-teaching employees of an Ashram School and their appointment has been approved by the Competent Authority. They seek benefit of Government Resolution dated 30/4/1998 on completion of twelve years qualifying services. The learned Counsel for the petitioners submits that by virtue of that Government Resolution, the petitioners would be entitled for higher pay scale. He further submits that similar issue has been decided on 21/9/2013 by the Principal Seat in Writ Petition No. 2358/2013 (Kiran Namdeo Shinde & Ors. Vs. State of Maharashtra) with connected writ petitions. The learned Assistant Government Pleader for the respondents on perusing the aforesaid decision submits that the respective cases of the petitioners could be examined to determine whether the eligibility criteria is satisfied by them.

Considering the aforesaid, we are inclined to follow the similar course as was followed in Writ Petition No. 2358/2013. Accordingly, we pass the following order :

i] The respondents shall examine the cases of each of the individual petitioners for deciding whether they satisfy the criteria laid down for claiming

2 3-WP-5080-2021.odt 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 including initial service of twelve years, he/she/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.

ii] 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. iii] 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.

The Writ Petition is disposed of with the aforesaid directions. Rule accordingly. No costs.

(M.W. CHANDWANI, J.) (A.S. CHANDURKAR, J.) SUMIT AGRAWAL