Bombay High Court
Uttam Dhansing Rathod And Another vs The State Of Maharashtra And ... on 24 March, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.90 OF 2017
1. Uttam Dhansing Rathod,
Age : 50 years,
Occ. Service as Kamathi,
Nath Nagar, Bhutanhipparga
Chowk, Tq. Degloor,
Dist. Nanded
2. Ushatai Dhanaji Chavan,
Age : 42 years,
Occ. Service as Cook,
r/o. Primary Ashram School,
Nath Nagar, Bhutanhipparga
Chowk, Tq. Degloor,
Dist. Nanded ..Petitioner
Vs.
1. The State of Maharashtra,
Through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai
2. The Director,
V.J.N.T., OBC and 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
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5. Primary Ashram School,
Nath Nagar, Bhutanhipparga
Chowk, Tq. Degloor,
Dist. Nanded
Through Headmaster
(Name of respondent no.5
stands deleted as per the
order dated 24.03.2017) ..Respondents
--
Mr.A.V.Indrale-Patil, Advocate for petitioners
Mr.R.B.Bagul, AGP for respondent nos.1 to 4
--
CORAM : S.V. GANGAPURWALA AND
SANGITRAO S. PATIL, JJ.
DATE : MARCH 24, 2017
ORAL JUDGMENT (Per S.V.Gangapurwala, J.) :
Heard.
2. At the request of learned counsel for the
petitioner, name of respondent No.5 stands deleted.
3. Rule. Rule made returnable forthwith. With
the consent of the parties, the petition is taken
up for final hearing and disposal at the admission
stage.
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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.
5. The aforesaid decision has been followed
in number of matters, including a group of
petitions bearing Writ Petition No.7256 of 2011 and
other companion matters decided by the Division
Bench of this Court on 2nd December, 2013. 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 petitioner for
deciding whether they satisfy the criteria laid
down for claiming benefits under the A.C.P.S. to
the private aided Government schools under the
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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 individual petitioners
within a period of six months and extend the
benefits to such petitioner who is 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.] [S.V. GANGAPURWALA, J.]
kbp
