Umesh Shankarrao Tatewar And ... vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 4280 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD


                        932 WRIT PETITION NO.4202 OF 2021

1. Umesh s/o Shankarrao Tatewar
   Age: 44 years, Occu. Lab attendent,
   R/o Secondary Ashram School
   Palshi Tanda Tq. Kinwat
   Dist. Nanded.

2. Pathan Bashir Hussain
   Age: 43 years, Occu. Peon,
   R/o As above.

3. Nitin s/o Ramdas Chavan
   Age: 47 years, Occu. Peon,
   R/o As above.

4. Sharad s/o Raman Borse
   Age: 33 years, Occu. Peon,
   R/o Kai. Surybhan Tarange Secondary,
   Ashram School Nali, Tq. Bhoom,
   District: Osmanabad.                                        ... Petitioners

                               VERSUS

1. The State of Maharashtra
   Through it's Secretary,
   Other Backward Bahujan Welfare,
   Department 1st Floor, Vistar,
   Vistar Bhawan, Hutatma Rajguru,
   Chowk, Mantralaya, Mumbai 32.

2. The Director,
   Other Backward Bahujan Welfare,
   Directorate, State of Maharashtra,
   Pune-01.

3. The Regional Deputy Commissioner,
   Social Welfare Department, Latur,
   Division Latur.


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4. The Assistant Commissioner,
   Social Welfare, Department, Nanded
   District: Nanded.

5. The Assistant Commissioner,
   Social Welfare, Department, Osmanabad,
   District: Osmanabad.

                                                        ... Respondents.
                                ...
Mr. Kudle Dhanaji S., Advocate for the Petitioners
Mrs. P. V. Diggikar, AGP for the Respondents/State
                                ...

                               CORAM : S. V. GANGAPURWALA &
                                       SHRIKANT D. KULKARNI, JJ.

DATE : 9th March, 2021

ORAL JUDGMENT (Per S.V. Gangapurwala, J.) :

. Rule. Rule made returnable forthwith.

2. Heard finally with the consent of learned counsel for the

respective parties.

3. The issue raised in this petition is no more res integra and

is covered by the decision rendered by this Court in Writ Petition

No.7256 of 2012 and other companion matters decided on 2 nd

December, 2013 as well as decision of the Division Bench at Mumbai

in Writ Petition No.2358 of 2013 and other companion matters

decided on 21st September, 2013.

3 932-WP-4202-2021.odt

4. In the facts of this case and in view of the judgments

referred above, writ petition deserves to be allowed and the same is

accordingly allowed. Respondents are directed to examine the case of

each of the individual petitioners for deciding whether they satisfy the

criteria laid down under ACPS scheme applicable to private aided

government schools under the Government Resolution dated 30 th

April, 1998 as amended from time to time and if it is found that

petitioners are entitled to claim benefits under the scheme and they

satisfy the eligibility criteria, respondents shall extend the benefits to

them. Respondents shall scrutinize case of the individual petitioners

within a period of six months and extend the benefits to the eligible

petitioner as expeditiously as possible and preferably within a period

of four months from such scrutiny.

5. Rule made absolute in the above terms. No costs.

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

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