Mayur Jagdish Banginwar And Others v. The State Of Maharashtra, Thr. Secretary, Social Welfare Dept., Mumbai And ORS

(1) 906wp8298.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8298 OF 2022 Mayur Jagdish Banginwar and ors__ Vs. ___State of Maharshtra and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Rahul Ghuge, Advocate for petitioner Mr. N.S.Rao, AGP for respondent nos 1 to 3 CORAM :

AVINASH G. GHAROTE AND M.W. CHANDWANI, JJ.

DATE : 09/08/2023 1] In the morning hours, since the statement was made that the matter in question is covered by the judgment of this Court in W.P.No.2358/2013 - Kiran Namdeo Shinde vrs State and ors and connected matters, decided on 21.9.2013, we had directed the learned AGP to examine the position and file a pursis to that effect. 2] In pursuance to which, a pursis has been placed by him on record, stating that he has examined the matter and the same is covered by the judgment in Kiran Namdeo Shinde, in view of which the present petition is disposed of in terms of directions (ii), (iii) (iv) and (v) as contained in para 21 of the judgment in Kiran Namdeo Shinde (supra), which are as under :

(ii) The appropriate Authority appointed by the State Government shall examine the individual cases of the petitioners for deciding whether they satisfy the criteria laid

(2) 906wp8298.22 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, (iii) We make it clear that the petitioners will be entitled to 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, (iv) 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.

(v) To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible.

JUDGE JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: