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Bombay High CourtWP/6323/2016dispossed offdismiss for default

Kashiram Ramkisan Rathod And Others v. The State Of Maha., Through Secretary, Social Welfare Department, Mumbai And Others

2016-11-17Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6323 OF 2016 Kashiram Ramkisan Rathod and others -vsThe State of Maharashtra, thr.its Secretary, Social Welfare Department and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. R.N.Ghuge, counsel for the petitioners.

Mr. S. Kadu, AGP for the respondents.

CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 17.11.2016.

The learned counsel for the petitioners states that the issue involved in this writ petition was also involved in a bunch of writ petitions bearing Writ Petition No.2358 of 2013 and others, and this Court has, by the judgment dated 21/09/2013, declared that the benefit of Assured Career Progression Scheme (ACPS) should be made available to the Group "C" and Group "D" employees of private aided schools including the Ashram Schools. It is stated that this writ petition could be disposed of with similar directions to the respondents.

The learned Assistant Government Pleader appearing on behalf of the respondents does not dispute the statements made on behalf of the petitioners. It is stated that a similar order could be passed in this case, on parity.

In view of the statements recorded hereinabove and for the reasons recorded in the judgment dated 21/09/2013 in a bunch of writ petitions bearing Writ Petition No.2358 of 2013 and others, we declare that the petitioners would be entitled to the benefit of Assured Career Progression Scheme (ACPS) and

2/2 wp6323.16 the said benefit may be provided to the petitioners if the other conditions are satisfied. We direct the respondents to scrutinize the case of the petitioners and consider the petitioners' eligibility for the benefits under the Assured Career Progression Scheme (ACPS), within a period of six months. If the petitioners are found to be eligible for the monetary benefits flowing from the scheme, the same should be paid to the petitioners at the earliest. Order accordingly. No costs.

JUDGE JUDGE KHUNTE