Dashrath Chudiram Pawar vs The State Of Maharashtra And ...
2021 Latest Caselaw 10044 Bom

                                                                         WP No.8108/21
                                               1

                        IN THE HIGH COURT AT BOMBAY
                    APPELLATE SIDE, BENCH AT AURANGABAD

                           WRIT PETITION NO. 8108 OF 2021

          Dashrath Chudiram Pawar,
          Age 56 years, Occu. Kamathi,
          R/o. C/o. Primary Ashram School,
          Itoli, Ta. Jintur, Dist. Parbhani                   ...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,
          Parbhani.

5.        Primary Ashram School, Itoli,
          Ta. Jintur, Dist. Parbhani,
          Through Headmaster.                          ....Respondents.

Mr. A.V. Indrale-Patil, Advocate for petitioner.
Mr. A.V. Deshmukh, A.G.P. for respondents.
                                   CORAM   :       S.V. GANGAPURWALA &
                                                   R.N. LADDHA, JJ.

DATED : 30/07/2021.

ORAL JUDGMENT : [PER S.V. GANGAPURWALA, J.]

. Rule. Rule made returnable forthwith. By consent of

parties, Petition is heard finally at the stage of admission.

WP No.8108/21

2) The petitioner is the member of the non-teaching staff of

primary and secondary Ashram schools run by Social Welfare

Department for V.J. & N.T. Category. He is claiming benefits of

A.C.P.S. Scheme.

3) The issue involved in the present Petition is no longer

res-integra, as has been decided in various Writ Petitions such as

Writ Petition No.3861/2014 with connected Writ Petitions on

25/4/2014; Writ Petition No.7256/2011 with connected Writ Petitions

decided on 2/12/2013. In light of above, we pass following order :

I] 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 30th April 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 months from such scrutiny.

4) Rule made absolute in above terms. Writ Petition stands

disposed of in above terms.

[ R.N. LADDHA, J.] [S.V. GANGAPURWALA, J.]

ssc/