Sunil Prakashrao Patil And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 10626 Bom

                                        1                           62-WP-8576-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO.8576 OF 2021

                  SUNIL PRAKASHRAO PATIL AND ANOTHER
                                     VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
                 Advocate for Petitioners : Mr. Vinod B. Jadhav
                AGP for Respondents-State : Mr. S. B. Pulkundwar
                                       ...

                                   CORAM : S. V. GANGAPURWALA AND
                                           R. N. LADDHA, JJ.

                                    DATE    : 09th AUGUST, 2021

PER COURT :-

1. The petitioners' claim to be the Class-III and Class IV

employees of the Ashram School run under the Social Justice

Department. They seek ACPS benefit.

2. The learned AGP accepts notice for Respondents-State.

3. The issue is no longer res integra. In view of the catena of

Judgments such as the Judgment in Writ Petition No.2358 of 2013 dated

21.09.2013. In light of the above, we follow the same course.

(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 private aided Ashram Schools ;

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      (ii)    The      appropriate   Authority    appointed      by     the    State

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

(iii) We make it clear that the petitioners 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 is disposed of.

 ( R. N. LADDHA )                               ( S.V. GANGAPURWALA )
        JUDGE                                             JUDGE


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