Bombay High Court
Lotan Bhivsen Patil And Others vs The State Of Maharashtra And ... on 13 December, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1628 OF 2016
1. Lotan s/o. Bhivsen Patil,
Age 46 years, Occ. Service,
2. Mohd. Shafi Mohd. Esak Patel,
Age 49 years, Occ. Service,
3. Anandkumar s/o. Budha Jagdeo,
Age 40 yars, Occ. Service,
4. Dadaji s/o. Tejaram Bagul,
Age 38 years, Occ. Service,
5. Sau. Kamlabai Girdhar Pavra,
Age 37 years, Occ. Service,
Petitioner No.1 to 5 are
r/o. Madhyamik Ashram School
Waghadi, Tq. Shirpur,
Dist. Dhule
6. Bhagawan s/o. Damodar Kulkarni,
Age 53 years, Occ. Service,
7. Ambalal s/o. Juma Pavra,
Age 50 years, Occ. Service,
8. Sharad s/o. Ratilal Wagh,
Age 45 years, Occ. Service,
9. Jaivantabai Adhar Dhangar,
Age 45 years, Occ. Service,
10.Chotulal s/o. Dattu Chaudhari,
Age 52 years, Occ. Service,
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Petitioner Nos.6 to 10 are
r/o. R.C. Patel Anudanit,
Madhyamik Ashram School,
Shirpur, Tq. Shirpur,
Dist. Dhule
11.Latabai Premraj Chavan,
Age 53 years, Occ. Service,
r/o. Primary Ashram School,
Shirpur, Tq. Shirpur,
Dhule. Dhule
12.Sau.Bebi Damu Randive,
Age 40 years, Occ. Service,
Waghadi, Tq. Shirpur,
Dist. Dhule
r/o. Primary Ashram School,
13.Savitabai Bhivsan Bari,
Age 52 years, Occ. Service,
r/o. Primary Ashram School,
Asali, Tq. Shirpur,
Dist. Dhule ..Petitioners
Vs.
1. The State of Maharashtra,
Through Secretary,
Tribal Development Department,
Mantralaya, Mumbai - 32
2. The Additional Commissioner,
Tribal Development Department,
Nashik Division, Nashik,
Old Mumbai - Agra Road,
Gadkari Chowk, Nashik
3. The Project Officer,
Integrated Tribal Development
Department, Dhule, Tq. and Dist.Dhule
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4. Madhyamik Ashram School,
Waghadi, Tq. Shirpur,
Dist. Dhule,
Through its Headmaster
5. R.C.Patel Madhyamik Ashram
School, Shirpur, Tq. Shirpur,
Dist. Dhule,
Through its Headmaster
6. Primary Ashram School,
Tq.Shirpur, Dist. Dhule
Through its Headmaster
7. Primary Ashram School,
Waghadi, Tq. Shirpur,
Dist. Dhule
Through its Headmaster
8. Primary Ashram School,
Asali, Tq. Shirpur,
Dist. Dhule
Through its Headmaster ..Respondents
--
Mr.A.D.Pawar, Advocate for petitioners
Mr.K.D.Mundhe, AGP for respondent nos.1 to 3
--
CORAM : R.M. BORDE AND
SANGITRAO S. PATIL, JJ.
DATE : DECEMBER 13, 2016
ORAL JUDGMENT (Per: R.M. Borde, J.)
Heard.
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2. Rule. With the consent of the parties,
petition is taken up for final hearing at admission
stage.
3. The petitioners are praying for directions
to the respondents to grant higher pay scales as
well as benefits of Assured Career Progress Scheme
(ACP scheme), since they have completed 12 years
services from the date of their initial
appointments and the Government Resolution dated
30.4.1998 entitles them to receive such benefits.
4. The respondents authorities have refused
to scrutinise their proposals, contending that the
scheme does not apply to the employees of Ashram
Schools. The reason recorded by the respondents for
their refusal to scrutinise the cases of the
petitioners is not sustainable in view of the
Judgment delivered by this Court in Writ Petition
No.7256 of 2011 and other companion matters (Sunil
Tukaram Ukande & others V/s State of Maharashtra)
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decided on 2.12.2013. In para No.5 of the Judgment,
the Division Bench of this Court has observed
thus:-
"5. The issue raised in the
petitions is no more res integra in
view of Judgment of the Division
Bench at Principal Seat in Writ
Petition No.2358/2013 and other
companion matters decided on Sept.,
21st, 2013. The Division Bench in
paragraph Nos.17 to 19 of the order
has observed thus:-
"17. The Assured Career Progress
Scheme is a welfare scheme which
is basically brought about to
remove stagnation as very few
promotion avenues are available
to Group 'C' and 'D' employees.
The ACPS enable the eligible
employees to be placed in higher
pay scale. The eligible non-
teaching staff of the aided
Secondary Schools in Group 'C'
and 'D' category gets the
benefits of ACPS. But the
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similar category of employees in
the aided private Ashram Schools
who perform identical duties
have been denied the benefit of
ACPS which infringes their
fundamental rights under
Articles 14 and 16 of the
Constitution of India. The
action of denial of benefits to
the similarly placed employees
discharging similar duties is
arbitrary and violative of
Article 14 of the Constitution
of India.
18. Only on the basis of
purported ground of financial
crunch, we fail to understand
the approach of the State
Government of discriminating
between the non-teaching staff
of aided Ashram Schools and non-
teaching staff of aided private
Schools. At one stage both the
Schools were functioning under
the control of only one
department.
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19. In our view the denial of
benefit of ACPS amounts to
discrimination, which is hit by
the rights guaranteed by Article
14 and 16 of the Constitution of
India."
5. In view of above, the petition deserves to
be allowed and the same is accordingly allowed.
6. The respondents are directed to examine
cases of each of the individual petitioners for
deciding, whether they satisfy the criteria laid
down for claiming benefits under ACPS, applicable
to the private aided schools under the Government
Resolution dated 30.4.1998 and as modified from
time to time and if it is found that, the
petitioners satisfy the eligibility criteria, the
respondents shall extend the benefits to the
petitioners. The respondents shall scrutinise the
cases of each petitioner within a period of six
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months from today and extend the benefits to such
of eligible petitioners, as expeditiously as
possible and preferably, within a period of four
months from the date of scrutiny of the proposals.
7. Rule is made absolute in above terms.
8. Writ petition stands disposed of.
[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.]
kbp
