Ganesh Shahu Jadhav And Another vs The State Of Maharashtra And ...
2017 Latest Caselaw 293 Bom

                                     1                       WP 12596/2016

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

                      WRIT PETITION NO.12596 OF 2016 

  1)       Ganesh Shahu Jadhav
           Age: 40 Yrs., occu. Service 
           R/o Palam,  Tq. Palam,
           District Parbhani.

  2)       Keshav Kaniram Rathod,
           Age: 41 Yrs., occu. Service,
           R/o Palam,  Tq. Palam,
           District Parbhani.               - 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, 
       District Hingoli.                 -  RESPONDENTS
                                   
                           *****
  Mr.Sachin G.Joshi, Advocate for Petitioners;
  Mr.AR Borulkar, AGP for Resp.Nos.1 to 4.
                                   -----
                   CORAM : T.V.NALAWADE &
                          SANGITRAO S.PATIL,JJ.

DATE : 1 st

MARCH,2017.

ORAL JUDGMENT (PER:- T.V.NALAWADE,J.)

1) Rule. Rule made returnable forthwith. By

2 WP 12596/2016

consent, heard both the sides for final disposal.

2) The petitioners are working in aided Tribal

Aashram School and they are seeking directions

against the respondents for giving them benefit of

Assured Career Progress Scheme (for short, ACPS).

3) It appears that the issue raised in the

matter is no more res integra and the same is decided

at the principal seat by the order dated 21.9.2013

passed in Writ Petition No.2358/2013 with connected

matters (Kiran Namdeo Shinde and Ors. Vs. The State

of Maharashtra and Ors.). As the similar order needs

to be passed, following order is made, -

(i) We declare that the benefit of 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 privte aided Ashram Schools;

(ii) The appropriate authority appointed by the State Governmenmt shall examine the individual cases of the

3 WP 12596/2016

petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Governmenmt Schools under the Government Resolution dated 30th April, 1998, as modified from time to time;

(iii) We make it clear that the petitienrs will be entitled to the benefit of the said Scheme, provided they satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staff of the private aided Schools;

(iv) We grant time of six months to the respondents to scrutinize the cases of the petitioners and to consider whether they are eligible for the benefit of ACPS;

(v) To those petitioners, who are found eligible, the benefit shall be extended, as expeditiously as possible;

4) The Writ Petition stands disposed of in the

above terms.

                                        
                              
        (SANGITRAO S.PATIL)      (T.V.NALAWADE)
            JUDGE                     JUDGE
                                
                            

  bdv/