Shri. Ramesh Uddhav Kilnake And Others v. The State Of Maharashtra Thr. Secretary Social Welfare Dept., Mumbai And Others

20.10WP.4738.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4738 OF 2016.

(Shri Ramesh Uddhav Kilnake & others .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.S. Kshirsagar, Advocate for petitioners, Ms. Ritu Kaliya, A.G.P. for respondent nos. 1 to 4. CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.

DATED : OCTOBER 20, 2016.

The facts in the present petition are identical with facts in Writ Petition No. 2358/13 (Kiran Namdeo Shinde & others .vs. The State of Maharashtra & others) along with companion matters decided by Division Bench at Principal Seat vide judgment and order dated 21.9.2013.

In that view of the matter, for the reasons recorded in the said judgment, the present petition also deserves to be allowed in the following terms :- I.

The appropriate Authority appointed by the State Government shall examine the individual cases 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;

II.

We make it clear that the petitioners will be entitled to

20.10WP.4738.16 the benefit of the said scheme, provided they satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staff of the private aided schools; III.

We grant time of six months to the respondents to scrutinize the cases of the petitioners and to consider whether they are eligible for the benefit of ACPS; IV.

To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible; V.

Petition is disposed of in above terms.

Judge Judge J.