Bhagwan Baburao Pawar And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 8978 Bom

                                                          WP No. 7474/2021
                                        1


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

                      949 WRIT PETITION NO.7474 OF 2021

                  BHAGWAN BABURAO PAWAR AND OTHERS
                                  VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
                 Advocate for Petitioners : Mr. G.V. Mohekar
                   AGP for Respondents: Mr. K.N. Lokhande
                                      ...
                             CORAM : S.V. GANGAPURWALA &
                                          R.N. LADDHA, JJ.

                             DATED :      09/07/2021.

 PER COURT :

 .                   The petitioners are class IV employees of the Ashram

 School. They seek ACPS beneft.

2. Issue involved in the present petition is no longer

res-integra in view of the consistent 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. We follow the same course.

"4. In the light of the above, we pass the following order :

(I) We declare that the beneft of ACPS, which is applicable to the employees of Group C and D non- teaching staf of the aided Private Schools in the State under the Govt. Resolution dated 30 th April 1998 as modifed from time to time shall be available to the non-teaching staf of the same category in the

WP No. 7474/2021

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 beneft of ACPS to the private aided Govt. schools under the Govt. Resolution dated 30th April 1998 as modifed from time to time;

(III) We make it clear that the petitioners will be entitled to the beneft of the said scheme, provided they satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staf of the private aided schools;

(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 beneft of ACPS;

(V) To those petitioners who are found eligible, the beneft shall be extended, as expeditiously as possible;

(VI) The Writ Petitions are disposed of. No costs."

4. Writ Petition is accordingly disposed of. No costs.

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

ssc/