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Tarabai Govindrao More vs The State Of Maharashtra And ...
2021 Latest Caselaw 5930 Bom

Citation : 2021 Latest Caselaw 5930 Bom
Judgement Date : 1 April, 2021

Bombay High Court
Tarabai Govindrao More vs The State Of Maharashtra And ... on 1 April, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
                               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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                                2                        wp 5649&5657.2021

               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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