Majeed Khan Mahebub Khan And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 15334 Bom

                                  1                               wp 11890.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                       WRIT PETITION NO.11890 OF 2021
            MAJEED KHAN MAHEBUB KHAN AND OTHERS
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
       Advocate for Petitioners: Mr. Pawar Ajay D.
         AGP for Respondents: Mrs. M. A. Deshpande
                             ...

                                  CORAM:    S. V. GANGAPURWALA &
                                            R. N. LADDHA, JJ.
                                  DATE:     26th OCTOBER, 2021

 PER COURT:
 1.   Heard               the     learned     Advocate              for         the

 petitioners               and   the    learned       A.G.P.          for       the

 respondents.


 2.       The grievance of the petitioners is that the

 benefit of time bound promotion, higher pay scale

 of ACPS is not given to the non-teaching staff

 (Class III, Class IV) of Ashram Schools run by the

 Tribal Development Department and Social Welfare

 Department.


 3.       The issue is no longer res-integra, in view

 of       the       catena       of    judgments      of      this         Court,

 reference can be had to the judgment of this Court



::: Uploaded on - 28/10/2021                      ::: Downloaded on - 28/10/2021 23:48:11 :::
                                       2                                 wp 11890.2021

 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 same course.


 4.       In light of the above, we pass the following

 order-

                                          ORDER

(I) We declare that the benefit of ACPS,

which is applicable to the employees of Group

C and Group D non-teaching staff of the aided

private schools in the State under the

Government Resolution dated 30.04.1998 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

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

3 wp 11890.2021

under the Government Resolution dated

30.04.1998 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 they satisfy the

eligibility criteria which is prescribed for

the corresponding non-teaching staff of the

private aided schools;

(IV) We grant time of six (06) months to

the respondents to scrutinize the cases of

the members of the petitioners and to

consider whether they are eligible for the

benefit of ACPS.

(V) To those petitioners who are found

eligible, the benefit shall be extended, as

expeditiously as possible;

5. Writ Petition accordingly stands disposed of.

No costs.

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