Bombay High Court
Chandrakant Sampatrao Sabale And ... vs The State Of Maharashtra Through ... on 18 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
939-wp-3115-21
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3115 OF 2021
Chandrakant Sampatrao Sabale
and others ... Petitioners.
Versus
The State of Maharashtra
and others ... Respondents.
....
Mr. Ajay D. Pawar, Advocate for the Petitioners in both Writ Petitions.
Mr. S.G. Karlekar, A.G.P. for Respondents/State.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 18th FEBRUARY, 2021
PER COURT:-
1. Mr. Pawar, learned counsel for petitioners states that the
petitioners are working as a hostel superintendent in the Ashram
Schools since 1997 to 2003 respectively. The pay scale given to the
petitioners is that of an untrained hostel superintendent on the
ground that the petitioners does not possess B.Ed. Qualification.
Learned counsel submits that in view of the Government Resolution,
dated 5.2.2000 decision has been taken to relax the condition of
B. Ed. for hostel superintendent. Learned counsel submits that now
H.S.C. is sufficient qualification for trained hostel superintendent. The
qualification of the petitioners is H.S.C.
2. Learned counsel relies on the judgment of the Division Bench of
this Court dated 21.9.2016 in Writ Petition No. 188 of 2016 and other
Writ Petitions.
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3. Mr. Karlekar, learned Additional Government Pleader accepts
notice for all the Respondents. Learned Additional Government
Pleader, on going through the judgment in Writ Petition No. 188 of
2016 affirms that the petitioner is similarly situated.
4. Considering the above, the petitioners would be entitled for
salary of a trained hostel superintendent. The respondents shall treat
the petitioners as trained hostel superintendent and pay salary
accordingly. The difference in arrears shall also be paid expeditiously.
5. The learned counsel further submits that the petitioners are
entitled for benefit of ACPS. According to the learned counsel, the
petitioners are covered by the judgment of this Court at Principal seat
in W. P. No. 446 of 2015 decided on 15.6.2015. The learned Assistant
Government Pleader on going through the said order affirms that the
petitioners are similarly situated.
6. 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 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 ;
(ii) The appropriate Authority appointed by the State Government
shall examine the case of the members of the petitioners for deciding
whether the satisfy the criteria laid down for availability of the benefit
of ACPS to the private aided Government School under the
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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 he 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 case of the petitioners and to consider whether they are eligible
for the benefit of ACPS;
(v) If the petitioners are found eligible, the benefits shall be
extended, as expeditiously as possible;
(vi) The writ petition is disposed of on above terms. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
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