Bombay High Court
Gangadhar Govindrao Mandewad And ... vs The State Of Maharashtra And ... on 2 December, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.11822 OF 2016
1 Gangadhar Govindrao Mandewad,
Age: 50 years, occu: service Kamathi
R/o Vidyaniketan Public School,
Kamlewadi, Tq. Mudkhet, District Nanded
2 Inus Latifsab Momin
Age: 40 years, occu: service as Helper
R/o Vidyaniketan Public School,
Kamlewadi, Tq. Mudkhet, District Nanded
3 Sudhakar Anandrao Kore,
Age: 40 years, occu: service as Peon,
R/o Vidyaniketan Public School,
Kamlewadi, Tq. Mudkhet, District Nanded
4 Gopal Narsingrao Adgudwar,
Age: 45 years, occu: Service as Peon
R/o Vidyaniketan Public School,
Kamlewadi, Tq. Mudkhet, District Nanded
5 Mohan Vithalrao Sadagire,
Age: 45 years, occu: service as Peon
R/o Vidyaniketan Public School,
Kamlewadi, Tq. Mudkhet, District Nanded
6 Balaji Kanthiram Rathod
Age: 40 years, occu: service as Helper
R/o Vidyaniketan Public School,
Kamlewadi, Tq. Mudhket, District Nanded
7 Bhikaji Fulsing Rathod
Age: 55 years, occu: service as Kamathi
R/o Primary Ashram School, Jambli,
Tq. Bhokar District Nanded.
8 Choudhari Seva Rathod
Age: 40 years, occu: service as cook
R/o Primary Ashram School, Jambli,
Tq. Bhokar District Nanded.
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9 Poma Ade Dharma
Age: 56 years, occu: service as cook
R/o Manisha Primary Ashram School
Pota (Bk), Tq. Himayatnagar
District Nanded
10 Iqbal Shaikh Hassan Shaikh
Age: 46 years, occu: service as cook
R/o Manisha Primary Ashram School
Pota (Bk), Tq. Himayatnagar
District Nanded
11 Madhav Laxman Ibtiwar
Age: 50 years, occu: service as helper
R/o Manisha Primary Ashram School
Pota (Bk), Tq. Himayatnagar
District Nanded
12 Avinash Premsing Rathod
age: 39 years, occu: service as Kamathi
R/o Manisha Primary Ashram School
Pota (Bk), Tq. Himayatnagar
District Nanded
13 Digambar Govindrao Rautwad
Age: 45 years, occu: service as Helper,
R/o Primary Ashram School,
Hokarna Tanda, Tq. Mukhed
District Nanded
14 Moglaji Lacchama Gandpawad,
Age: 60 years, occu: service as Peon (Rtd)
R/o Secondary Ashram School,
Vasant Nagar, Kotghyal, Tq. Mukhed,
District: Nanded
15 Harji Hari Chavan,
Age: 59 years, occu: service as Lab Asst. (Retd)
R/o Secondary Ashram School,
Vasant Nagar, Kotghyal, Tq. Mukhed
District: Nanded.
16 Hari Ganpat Ade
Age: 58 years, occu: service as Lab Ass.
R/o Secondary Ashram School,
Kamlewadi, tq. Mukhed
District : Nanded
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17 Meghnath Mansing Rathod
Age: 58 years, occu: service as
Hostel Superintendent (Rtd)
R/o Primary Ashram School,
Kamlewadi, Tq. Mukhed
District: Nanded
18 Omprakash Shivraj Swami,
Age: 60 years, occu: service as
Ass. Cook (Rtd)
R/o Secondary Ashram School,
Sullali-Dongargaon, Tq. Jalkot
District Nanded Petitioners
Versus
The State of Maharashtra,
Through Its Secretary,
Social Welfare Department,
Mantralaya, Mumbai
2 The Director,
V.J.N.T., OBC & SBC Special
Assistant Department, Maharashtra State
Pune
3 The Regional Deputy Commissioner,
Social Welfare Latur Division, Latur
4 The Assistant Commissioner,
Social Welfare Department Nanded
5 The Assistant Commissioner,
Social Welfare Department, Latur
6 Vidyaniketan Public School,
Kamlewadi, Tq. Mudhket, District Nanded,
Through Headmaster
7 Primary Ashram School, Jambli,
Tq. Bhokar, District Nanded
Through Headmaster
8 Manisha Primary Ashram School,
Pota (Bk), Tq. Himayatnagar
District Nanded
through Headmaster
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9 Primary Ashram School,
Hokarna Tanda, Tq. Mukhed,
District Nanded
through: Its Headmaster
10 Secondary Ashram School,
Vasant Nagar, Kotghyal, Tq. Mukhed,
District Nanded
through Its Headmaster
11 Secondary Ashram School,
Kamlewadi, Tq. Mukhed
District Nanded
through Its Headmaster
12 Secondary Ashram School,
Sullali-Dongargaon, Tq. Jalkot
District Nanded
through Its Headmaster Respondents
Mr.A.V. Indrale Patil advocate for the petitioners
Mr.Y.G.Gujrathi, Assistant Govt. Pleader for Respondent Nos. 1 to 5
_______________
CORAM : R.M. BORDE &
SANGITRAO S. PATIL , JJ
(Date : 2nd December, 2016.)
ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Leave to delete names of respondent Nos.6 to 12.
2 Heard.
3 Rule. Rule made returnable forthwith. With the consent of
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the parties, the petition is taken up for final hearing and disposal
at the admission stage.
4 The issue raised in the instant petition is no more
res integra and is also covered by the Judgment delivered by the
Division Bench at the Principal seat in Writ petition No.2358/2013
and other companion matters, decided on 21st September, 2013.
The aforesaid decision has been followed in number of
matters, including a group of petitions bearing Writ Petition
No.7256/2011 and other companion matters, decided by the
Division Bench of this Court on 2nd December, 2013, to which one
of us (R.M. Borde, J) is a member. In view of the decisions,
referred to above, the instant writ petition also deserves to be
allowed and the same is accordingly allowed.
6 The respondents are directed to examine the cases of each
of the individual petitioners for deciding whether they satisfy the
criteria laid down for claiming benefits under the ACPS to the
private aided Government schools under 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
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respondents shall extend the benefits to the petitioners. The
respondents shall scrutinize the cases of individual petitioners
within a period of six months, and extend the benefits to such of
the petitioners who are found eligible, as expeditiously as possible
preferably within a period of four months from such scrutiny.
7 Rule is made absolute in the above terms. The Writ Petition
stands disposed of in the above terms.
(SANGITRAO S. PATIL, J) (R.M.BORDE, J)
vbd
