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Bombay High CourtWP/829/2026disposed off

Ku. Ravikanta D/O Anantramji Fendar v. The State Of Maharashtra, Thr. Secy., O. B. C. Bahujan Welfare Department, Mumbai And Others

2026-02-04Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande3 pages

2026:BHC-NAG:1965-DB WP829.26.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 829/2026 1) Ku. Ravikanta D/o Anantramji Fendar, Aged about 42 years, Occ.: Service., R/o. Shri Chakradhar Swami Aashram Shala, Mendha/Chaprad, Tah. Lakhandur, Distrct : Bhandara.

... PETITIONER ...VERSUS...

1) The State of Maharashtra, Through its Secretary, Other Backward Class Bahujan Welfare Department, Mantralaya, Mumbai - 32.

2) Regional Deputy Director, Other Backward Class Bahujan Welfare(Regional)Dpartment, 303, AWing, Dr. Babasaheb Ambedkar Social Justice Building, Opp. Industrial Training Institute, Shraddhanand Peth, Nagpur - 440022.

3) Assistant Director, Other Backward Class Bahujan Welfare Department, Dr.

Babasaheb Ambedkar Social Justice Building, Civil Lines, Zilla Parishad Square, Bhandara.

4) Shri Chakradhar Swami Aashram Shala, Mendha/Chaprad through its Head Master, Tah. Lakhandur, Distt.: Bhandara.

5) Head Master, Kasturba Gandhi Prathamik Aashram Shala, Aajanti, Tahsil : Ner, District :

Yavatmal ...RESPONDENT

WP829.26.odt 2/3 --------------------------------------------------------------------------------------------- Mr. N. D. Tembhare, Advocate for the petitioner Mr. A. S. Fulzele, Addl. G.P. for the respondent /State --------------------------------------------------------------------------------------------- CORAM :

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATED : 04 th FEBRUARY, 2026.

ORAL JUDGMENT (PER :

NANDESH S. DESHPANDE, J.) Rule. Rule is made returnable forthwith.

2.

Learned AGP waives notice for respondent Nos. 1 and 2/State.

3.

Notice to the other respondents is being dispensed with in view of the order we are proposing to pass. The present Writ Petition prays for a declaration that the petitioner herein is entitled to the benefits of the Assured Career Progressive Scheme (ACPS), which, according to the petitioner, is applicable to the employees of Group-C and D non-teaching staff of the aided private schools vide Government Resolution dated 30.08.1998, as modified from time to time.

4.

On going through the record and on being confronted, the learned counsel for the petitioner submits that, as such, there is no representation/request made to the Authority and, more

WP829.26.odt 3/3 particularly, respondent No. 2.

5.

In that view of the matter, the petition is disposed of with liberty to the petitioner to make an appropriate representation to respondent No. 2, spelling out his entitlement to the said scheme along with all relevant provisions.

6.

The representation shall be made within two weeks from the date of the order.

7.

It is expected of respondent No. 2, on receiving such representation, to decide it in accordance with law and convey the order thereon to the petitioner.

8.

Needless to mention that the representation needs to be decided in light of all relevant statutory provisions and the authoritative pronouncement of this Court in Writ Petition No. 2358 of 2013 and the companion writ petitions.

9.

The petition is disposed of as such.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Shubham