Anil S/O Nago Badki And Others v. State Of Maha. Thr. Secretary Social Welfare Department, Mumbai And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3122 OF 2022 1.
Anil s/o Nago Badki, aged about 49 years, Occ. Service as Junior Clerk, R/o Vaishali Nagar, Near Savitribai Fule School, Gadchandur, Tah. Korpana, District - Chandrapur.
2.
Ramesh Niru Dewalkar, aged about 55 years, Occ. Service, Lab. Assistant, R/o At Post Wadgaon, Tah. Korpana, District - Chandrapur.
3.
Ramesh Nilkanth Dhawane, aged about 49 years, Occ. Service as Peon, R/o Sai Shanti Nagar, Gadchandur, Tah. Korpana, District - Chandrapur.
4.
Dinkar s/o Nanaji Wadhai, aged about 50 years, Occ. Service as Peon, R/o Ward No.5, Vidya Nagari, Gadchandur, Tq. Korpana, District - Chandrapur.
5.
Dhondiram Hariba Bhoge, aged about 49 years, Occ. Service as Cook, R/o Injapur, Tah. Korpana, District - Chandrapur.
6.
Ramesh Bapurao Gurnule, aged about 52 years, Occ. Servie as Kamathi, R/o Injapur, Tah. Korpana, District - Chandrapur.
7.
Uma Vasantrao Salam, aged about 38 years, Occ. Service as Helper, R/o Injapur, Tah. Korpana, District - Chandrapur.
8.
Vitthal s/o Ramchandra Warate, aged about 47 years, Occ. Service as Cook,
R/o Ward No.4, Shivaji Chowk, Gadchandur, Tah. Korpana, District - Chandrapur.
9.
Dnyaneshwar Arjun Wankar, aged about 53 years, Occ. Service as Cook, R/o Kodashi Khurd, Tah. Korpana, District - Chandrapur.
PETITIONERS .....VERSUS.....
1.
The State of Maharashtra, through its Secretary, Social Welfare Department, Mantralaya, Mumbai - 32.
2.
The Divisional Social Welfare Officer, Nagpur Division, Nagpur.
3.
The Special District Social Welfare Officer/ Assistant Commissioner Social Welfare, Chandrapur, District - Chandrapur.
R ESPONDENT S Shri R.N. Ghuge, Advocate for the petitioners. Ms. Ketki Joshi, In-charge Government Pleader for the respondents/ State. CORAM : A.S. CHANDURKAR AND URMILA JOSHI - PHALKE, J J . D ATE : 24 th JUNE, 2022 .
ORAL
JUDGMENT
(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith and heard the learned Counsel for the parties.
2.
The learned in-charge Government Pleader waives notice for the respondents.
3.
Each petitioner claims to be working as non-teaching staff in private Ashram Schools in the District of Chandrapur. The petitioners seek
benefit of the Government Resolution dated 30/04/1998 as modified from time to time.
4.
It is seen that the issues raised in the Writ Petition have been considered by this Court in Writ Petition No. 2358/2013 (Kiran Namdeo Shinde and Ors. Vs. The State of Maharashtra, thr. Secretary, Social Welfare Dept. and Ors.) decided on 21/09/2013 with other connected Writ Petitions.
5.
In view of aforesaid, for the reasons stated in that judgment, the following order is passed :
ORDER
The respondents are directed to examine the cases of each of the individual petitioner 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 30/04/1998 as modified from time to time and if it is found that the petitioners are entitled to claim benefits under the scheme and they satisfy the eligibility criteria, the respondents shall extend the benefits to the petitioners. The respondents shall scrutinize the cases of individual petitioners within a period of six months and extend the benefits to such of the petitioners, who are found eligible as expeditiously as possible and
preferably within a period of four months from such scrutiny. Rule is made absolute in the aforesaid terms. No costs. (URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.) SUMIT AGRAWAL