Sushant Shivaji Gawali And Others v. The State Of Maharashtra, Thr. Secretary, Social Welfare Department, Mumbai And Others

34-WP-721-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 721 of 2021 Shri Sushant Shivaji Gawali and others ...

Petitioners

Versus

The State of Maharashtra and others ...

Respondents Shri A. I. Sheikh, Advocate for the Petitioners. Ms. Kalyani Deshpande, AGP for Respondent Nos.1 to 3. CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 04 FEBRUARY 2021 P.C. :

1.

Heard the learned Counsel for the Petitioners. 2.

The Petitioners are non-teaching staff working in Private Aided Ashram School in Group-C and Group-D Category. The Petitioners have made a representation on 28 November 2020 that they be given the benefits of Assured Career Progress Scheme.

34-WP-721-21.odt 3.

The learned AGP is right in contending that after filing of representation immediately within three months, Petition is filed without giving an opportunity to the Respondents to take decision thereupon. The Petitioners have relied upon the decision rendered in Writ Petition No. 2358 of 2013 (Kiran Namdeo Shinde and others Vrs. The State of Maharashtra and others) on 21 September 2013. 4.

The Respondents will accordingly take necessary decision on the representation in light of the decision rendered. If there are no distinguishable features found, proceed to release the benefits to the Petitioners as early as possible. If there are material distinguishable features, a reasoned order be passed.

5.

With the above observations, Petition is disposed of. [ANIL S. KILOR, J.] [NITIN JAMDAR, J.] Vithal Choulwar Date: 2021.02.08 18:38:42 +0530 Vithal Choulwar Choulwar