Bombay High Court
Shivdas Vitthalrao Gutte And ... vs The State Of Maharashtra And ... on 7 April, 2016
Bench: S.S. Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1085 OF 2016
1] Shivdas s/o. Vitthalrao Gutte,
Age 48 years, Occ. Service,
2] Sahebrao s/o. Meharbhan Rathod,
Age 50 years, Occ. Service,
3] Rukhminibai w/o. Nivrutti Mirase,
Age 51 years, Occ. Service,
4] Limbabai w/o. Sitaram Karale,
Age 52 years, Occ. Service,
5] Dilipkumar s/o. Mohansingh Jadhav,
Age 52 years, Occ. Service,
All r/o. Jay Durga Adiwashi Ashram
School, Sakhartala Road, Jintoor,
Tq. Jintoor, Dist. Parbahni ..Petitioners
versus
1] The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai - 32
2] The Commissioner,
Tribal Development, Nashik.
3] The Additional Commissioner,
Tribal Development, Amravati
4] The Project Officer,
Integrated Tribal Development
Project, Kalamnuri, Dist.Hingoli ..Respondents
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Mr.V.A.Dhakne, advocate for petitioners
Mr.V.S.Badakh, AGP for respondents - State
--
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : APRIL 07 , 2016
ORAL JUDGMENT (Per S.S. Shinde, J.) :
Heard.
2] Rule. Rule made returnable forthwith. By
consent of learned counsel for the parties, the
petition is taken up for final disposal.
3] This petition is filed for direction to
respondent no.4 to consider the proposals of the
petitioners for granting higher pay scale under
Assured Career Progress Scheme on account of
completion of twelve years of service by them.
4] Learned Counsel for the Petitioners invited
our attention to the unreported judgment of the
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Division Bench of the Bombay High Court at
Principal Seat in the case of Kiran Namdeo Shinde
and ors. Vs. The State of Maharashtra and ors.,
passed in Writ Petition No.2358 of 2013 and
connected petitions delivered on 21st September,
2013, and submits that, the High Court has given a
declaration that, benefit of Assured Career
Progress Scheme (for short 'the ACPS') which is
applicable to the employees of Group 'C' and 'D'
non teaching staff of the aided private schools in
the State under the Government Resolution dated
30th April, 1998, as modified from time to time,
shall be available to the non teaching staff of
the same category in the private aided Ashram
Schools. Therefore, according to the learned
Counsel for the Petitioner, once such declaration
is there, same would apply even to the Group 'C'
and 'D' employees working under the Trible
Development Department.
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5] We have heard learned Counsel appearing for
the petitioners, learned A.G.P. appearing for the
respondents. With their able assistance, perused
the impugned letter, contents of the petition,
annexures thereto and the judgment in the case of
Kiran Namdeo Shinde (supra). It is not in dispute
that even in the case of the employees working
under Group C and D from the Tribal Development
Department, the High Court has issued directions to
respondent no.1 to consider the cases of the
employees working in Group C and D non teaching
staff of the aided private schools, working under
the Tribal Development Department, for the benefit
of ACPS.
6] In that view of the matter, the respondents
are directed to examine the cases of the
petitioners for deciding whether they satisfy the
criteria laid down for claiming benefits under the
ACPS to the private aided Government schools under
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the Government Resolution dated 30th April 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 the petitioners within a
period of six months, and extend them the benefits
as expeditiously as possible, and preferably within
a period of four months from such scrutiny.
7] Rule made absolute in above terms. The writ
petition stands disposed of in above terms.
[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.]
kbp
