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Bombay High CourtWP/6023/2022rule absolute

Sandip Purushottam Dhote And Others v. The State Of Maharashtra, Thr. Secretary, Social Welfare Dept., Mumbai And ORS

2022-11-22Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Anil L. Pansare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6023 OF 2022 1.

Sandip Purushottam Dhote, aged about 43 years, Occ. Service as Junior Clerk. 2.

Sanjay s/o Domaji Amte, aged about 52 years, Occ. Service as Cook.

3.

Jitendra Wamanrao Telange, aged about 47 years, Occ. Service as Superintendent. 4.

Satish Babarao Zoting, aged about 42 years, Occ. Service as Peon.

5.

Kalpana Suryabhanji Kolhe, aged about 52 years, Occ. Service as Cook.

All are R/o Dongarkheda, Tah. Kalamb, District - Yavatmal.

PETITIONERS .....VERSUS.....

1.

The State of Maharashtra, through its Secretary, Social Welfare Department, Mantralaya, Mumbai - 32.

2.

The Divisional Social Welfare Officer, Amravati Division, Amravati.

3.

The Special District Social Welfare Officer/ Assistant Commissioner Social Welfare, Yavatmal, District - Yavatmal.

R ESPONDENT S Shri R.N. Ghuge, Advocate for the petitioners. Shri A.S. Fulzele, Additional Government Pleader for the respondents/ State. CORAM : A.S. CHANDURKAR AND ANIL L. PANSARE, J J . D ATE : 22 nd NOVEMBER, 2022 .

ORAL

JUDGMENT

(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2.

The learned Additional 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. (ANIL L. PANSARE, J.) (A.S. CHANDURKAR, J.) SUMIT AGRAWAL