Shivaji Namdeo Rautwad v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:1589-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.14671 OF 2025 SHIVAJI NAMDEO RAUTWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.R. Dheple, Advocate h/f Mr. A.V. Indrale Patil, Advocate for petitioner Mr. S.B. Narwade, AGP for State ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

14th JANUARY, 2026 ORDER :

.

The petitioner is raising similar grievance of denial of benefits under the Assured Career Progress Scheme (ACPS) despite having completed 12 years of service as non teaching staff in Ashram School. Attention of this Court is invited to the judgment and order dated 21.09.2013 passed by the Division Bench of this Court at Principal Seat in Writ Petition No.2358 of 2013 and connected writ petitions, wherein, it was held that the non teaching staff of aided private schools would be entitled to benefits of the ACPS and a further direction was issued that individual cases of the

920_WP_14671_2025 petitioners therein be examined and if they satisfy the eligibility criteria, appropriate benefit of ACPS be granted.

The learned counsel for petitioner further invited attention of this court to subsequent orders passed in Writ Petition Nos.6086 of 2020 and 3650 of 2024, wherein, such relief was granted to similarly situated non teaching staff.

We are of the opinion that the respondents ought not to await directions and orders by this Court in individual cases for considering the question as to whether such benefit of ACPS is to be granted to the members of the non teaching staff. This is leading to a number of petitions being unnecessarily filed before this Court, wherein directions are issued and thereupon, the respondents are undertaking the exercise of examining the eligibility of individual persons for grant of benefit of ACPS. It would be appropriate that such exercise is undertaken without the necessity of an express direction by this Court in future.

In view of the above, the writ petition is partly allowed by directing Respondent Nos 2 and 3 to consider the individual case of petitioner herein to examine as to whether he satisfies the criteria for granting benefit of the ACPS. If the petitioner satisfies the criteria, the

920_WP_14671_2025 benefit shall be granted.

The exercise be completed within a period of six months from today. No further time will be granted.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd