Uttam Hasaji Taywade And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 744 Bom

                                                                                             973
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                               973 WRIT PETITION NO.455 OF 2021

                           UTTAM HASAJI TAYWADE AND OTHERS
                                            VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
                        Advocate for Petitioners :Mr. Dhakane Vijay A
                        AGP for Respondents State: Mr. S. K. Tambe


                                         CORAM   : S. V. GANGAPURWALA &
                                                   SHRIKANT D. KULKARNI, JJ.
                                         DATE    : 13th January, 2021
ORDER:

1. The petitioners are the members of the non teaching staff in Group-D

category. They claim the benefit of A.C.P.S.

2. Mr. Dhakne, the learned counsel for petitioners and Mr. Tambe, the

learned A. G. P. submit that, the parties would be governed by the decision

of the Division Bench of this Court at Principal Seat at Bombay in Writ

Petition No. 2358 of 2013 with other connected writ petitions decided vide

judgment dated September 21, 2013.

3. In the light of that, we also adopt the same recourse and pass the

following order.

ORDER

A. We declare that the benefit of ACPS, which is applicable to the employees of Group "C" and "D" nonteaching 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 nonteaching staff of the same category int eh private aided Ashram Schools.

B. 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.

C. 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 nonteaching staff of the private aided Schools.

D. 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.

E. Those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible.

F. The writ petition accordingly disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC