Citation : 2021 Latest Caselaw 5930 Bom
Judgement Date : 1 April, 2021
1 wp 5649&5657.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
950 WRIT PETITION NO.5649 OF 2021
Manisha Wd/o. Nandkumar Deshmukh,
Age: 40 years, Occu.: Housewife,
R/o.: Janwal, Tq.:Chakur,
District: Latur .. Petitioner
Versus
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,
Latur
5. Kai.Janardhanrao Rajemane Primary
Ashram School, Janwal, Tq.: Chakur,
District: Latur
Through Headmaster .. Respondents
...
Advocate for Petitioner: Mr. Taur Mahesh S
AGP for Respondents/State: Mr. P. K. Lakhotiya
Advocate for Respondent No. 5: Mr. A. B. Rajkar
...
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954 WRIT PETITION NO.5657 OF 2021
Tarabai w/o. Govindrao More,
Age: 45 years, Occ.: As Assistant Cook,
Kai.Janardhanrao Rajemane Primary
Ashram School, Janwal, Tq.: Chakur,
District: Latur, R/o.: Janwal,
Tq.: Chakur, District: Latur .. Petitioner
Versus
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,
Latur
5. Kai.Janardhanrao Rajemane Primary
Ashram School, Janwal, Tq.: Chakur,
District: Latur
Through Headmaster .. Respondents
...
Advocate for Petitioner: Mr. Taur Mahesh S
AGP for Respondents/State: Mr. A. S. Shinde
Advocate for Respondent No.5: Mr. A. B. Rajkar
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 01st APRIL, 2021
3 wp 5649&5657.2021
ORAL JUDGMENT (Per S. V. Gangapurwala, J.):
1. Rule. Rule returnable forthwith. With the
consent of learned Counsel for respective parties
matters are taken up for final hearing.
2. We have heard learned Counsel for the
petitioners and the learned A.G.P.
3. The issue involved in the present petitions
is no longer res-integra in view of the decision
of this Court in catena of matters. Reference can
be had to the Judgment dated 02.12.2013 in Writ
Petition No. 7256 of 2011 with connected writ
petition.
4. The petitioners are seeking Assured Career
Progress Scheme (ACPS) benefits. They are members
of the non-teaching staff of the Ashram School.
5. For the reasons stated in the Judgment dated
02.12.2013 in Writ Petition No. 7256 of 2011, we
follow the same course.
4 wp 5649&5657.2021
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 ACPS to the
private aided Government Schools under the
Government Resolution dated 30.04.1998, 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 of the petitioners who
are found eligible, as expeditiously as possible
preferably, within a period of four (04) months
from such scrutiny.
Rule made absolute in above terms. Both the
writ petitions stand disposed of in above terms.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
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