Bombay High Court
Prakash Nandu Rathod And Others vs The State Of Maharashtra And ... on 6 March, 2017
Bench: T.V. Nalawade
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10500 OF 2016
Sanjay s/o. Balajirao Kakade,
Age : 34 years, Occ. Service,
r/o. Pu. Ahilyadevi Holkar
Prathmik Ashram School,
Hasapur,
Tq. and Dist. Nanded
and others ..Petitioners
Vs.
The State of Maharashtra,
Through its Secretary,
Social Justice and Special Help
Department, Mantralaya
Mumbai - 32
and others ..Respondents
AND
WRIT PETITION NO.11078 OF 2016
Prakash s/o. Pandurang Ghuge,
Age : 46 years, Occ. Service
r/o. Itoli (Tanda), Tq. Jintur,
Dist. Parbhani
and another ..Petitioners
Vs.
The State of Maharashtra,
Through Secretary,
Social Justice and Special Help
Department, Mantralaya,
Mumbai - 32
and others ..Respondents
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AND
WRIT PETITION NO.11123 OF 2016
Prakash s/o. Nandu Rathod,
Age : 45 years, Occ. Service,
r/o. Wadoda-Bajar,
Tq. Phulambri,
Dist. Aurangabad ..Petitioners
Vs.
The State of Maharashtra,
Through Secretary,
Social Justice and Special Help
Department, Mantralaya,
Mumbai - 32
and others ..Respondents
AND
WRIT PETITION NO.12892 OF 2016
Pralhad s/o. Bhagwan Talekar,
Age : 36 years, Occ. Service,
r/o. Marathwadi Tanda,
Tq. Ashri, Dist. Beed
and others ..Petitioners
Vs.
The State of Maharashtra,
Through Secretary,
Social Justice and Special Help
Department, Mantralaya,
Mumbai - 32
and others ..Respondents
--
Mr.D.S.Kudale, Advocate for petitioners in W.P.
No.10500 of 2016 and Mr.A.D.Pawar, Advocate for
petitioners in W.P. Nos.11078, 11123 and 12892 of
2016
Mr.S.B.Joshi, AGP for respondent nos.1 to 4
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CORAM : T.V. NALAWADE AND
SANGITRAO S. PATIL, JJ.
DATE : MARCH 06, 2017
ORAL JUDGMENT :
Rule, made returnable forthwith. With the
consent of the learned Counsel for the parties,
heard finally.
2. These petitions are filed for giving
direction to the respondents to consider the claim
of the petitioners for giving them benefit of the
Assured Career Progress Scheme ("ACPS", for
short).
3. The statements made by both sides show
that the Division Bench of this Court at Principal
Seat Bombay in Writ Petition No.2358 of 2013
(Kiran Namdeo Shinde and ors. Vs. The State of
Maharashtra and ors.) and other companion Writ
Petitions, vide the judgment delivered on
21.09.2013 has decided the issue of entitlement of
the non-teaching staff of Ashram School to get
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higher pay scale. That decision was followed by
this Court in Writ Petition No.1002 of 2016
(Ramling s/o. Amrutrao Patil and ors. Vs. The
State of Maharashtra and ors.) decided on
15.04.2016.
4. As the point raised in this petition is
no more res-integra in view of the judgment of the
Division Bench in Writ Petition No.2358 of 2013,
referred to above, we pass the following order :-
5. All the present Writ Petitions are
allowed. The respondents are directed to examine
the case of each individual petitioner for
deciding whether, they satisfy the criteria laid
down for claiming benefits under the ACPS to the
private aided 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 ACPS and if they satisfy the eligibility
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criteria, the respondents shall extend the
benefits to the petitioners. The respondents shall
scrutinize the case of the individual petitioner
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 six months from
such scrutiny.
6. Rule made absolute in the above terms.
The Writ Petitions stand disposed of accordingly.
Sd/- Sd/-
[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.]
kbp
