Bombay High Court
Ramkrushna Jagannath Latpate And ... vs The State Of Maharashtra And ... on 18 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
937-wp-3113-21 (+1)
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3113 OF 2021
Ramkrushna S/o Jagannath Latpate
and others ... Petitioners.
Versus
The State of Maharashtra
and others ... Respondents.
AND
WRIT PETITION NO. 3178 OF 2021
Prakash S/o Ramsing Chavan ... Petitioner.
Versus
The State of Maharashtra
and others ... Respondents.
....
Mr. Ajay D. Pawar, Advocate for the Petitioners in both Writ Petitions.
Mr. P.S. Patil, Addl. G.P. for respondents/State in WP/3113/2021.
Mr. S.R. Yadav Lonikar, A.G.P. for Respondents/State in WP/3178/2021.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 18th FEBRUARY, 2021
PER COURT:-
1. Heard the learned counsel for the petitioners and the respective
Addl. GP and A.G.P .
2. The grievance of the petitioners is that the benefit of time
bound promotion, higher pay scale of ACPS is not given to the non-
teaching staff (Class III, Class IV) of Ashram Schools run by the Tribal
Development Department and Social Welfare Department.
1 of 3
937-wp-3113-21 (+1)
3. The issue is no longer res-integra, in view of the catena of
judgments of this Court, reference can be had to the judgment of this
Court in Writ Petition No.4202 of 2012 with connected matters
decided on 21.01.2014 and Writ Petition No.5191 of 2018 with
connected Writ Petition dated 06.06.2018 be follow same course.
"4. In light of the above, we pass the following order :
(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 Govt. 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;
(II) The appropriate authority appointed by the State
Govt. 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
Govt. schools under the Govt. 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;
2 of 3
937-wp-3113-21 (+1)
(IV) We grant time of six months to the respondents to
scrutinize the cases of the members 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;
(VI) The Writ Petitions are disposed of. No costs."
4. Writ Petitions accordingly disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
3 of 3
