Bombay High Court
Vilindra Limbaji Sahare And ... vs The State Of Maharashtra, Through ... on 6 April, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4902/2021
1. Manik Sitaram Chavhan,
Age 51 years, Occupation : Junior Clerk,
R/o. C/o. Matoshri Shevantabai Adiwasi Prathamic
Ashram Shala, Vilegaon, Tal. Manora, District Washim.
2. Charan Marotrao Behare,
Age 42 years, Occupation : Kamathi.
R/o. C/o Matoshri Shevantabai Adiwasi Prathamic
Ashram Shala, Vilegaon, Tal. Manora, District Washim.
3. Sakharam Barkaji Waykule,
Age 48 years, Occupation : Kamathi.
R/o. C/o Matoshri Shevantabai Adiwasi Prathamic
Ashram Shala, Vilegaon, Tal. Manora, District Washim.
....... PETITIONERS
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Commissioner,
Tribal Development Department,
Nashik, District Nashik.
3. The Additional Commissioner,
Tribal Development, Amravati,
District Amravati.
4. The Project Officer,
Integrated Tribal Development Project,
Akola, District Akola.
....... RESPONDENTS
with
WRIT PETITION NO.5454/2021
1. Vilindra Limbaji Sahare
Aged 49 years, Occupation : Kamathi
R/o. C/o. Ahilyadevi Holkar Aashram Shaala,
Shesh Nagar, Tal. Hingna, District Nagpur.
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2. Gajanan Rudaji Bhure,
Aged 46 years, Occupation : Cook.
R/o. C/o Ahilyadevi Holkar Aashram Shaala,
Shesh Nagar, Tal. Hingna, District Nagpur.
3. Gangadhar Shalikram Dhurve,
Aged 43 years, Occupation : Helper
R/o. C/o Ahilyadevi Holkar Aashram Shaala,
Shesh Nagar, Tal. Hingna, District Nagpur.
4. Chandrakala Hiraman Bambote,
Aged 48 years, Occupation : Cook
R/o. C/o Ahilyadevi Holkar Aashram Shaala,
Shesh Nagar, Tal. Hingna, District Nagpur.
5. Vaishali Dhananjay Bhimtekar,
Aged 48 years, Occupation : Asstt.Cook
R/o. C/o Madhavkuti Prathamic Ashram School,
Butibori, Tal. and District Nagpur.
6. Pradeep Dattatray Bhandari,
Aged 46 years, Occupation : Asstt. Cook
R/o. C/o Madhavkuti Madhyamic Ashram School,
Butibori, Tal. and District Nagpur.
7. Vilas Ajabrao Narnavare,
Aged 46 years, Occupation : Asstt. Cook
R/o. C/o Madhavkuti Madhyamic Ashram School,
Butibori, Tal. and District Nagpur.
8. Alka Bhauraoji Vaidhya,
Aged 44 years, Occupation : Asstt. Cook
R/o. C/o Madhavkuti Madhyamic Ashram School,
Butibori, Tal. and District Nagpur.
9. Laxmi D. Bhandari,
Aged 46 years, Occupation : Shipai,
R/o. C/o Madhavkuti Madhyamic Ashram School,
Butibori, Tal. and District Nagpur.
10. Mangesh P.Shende,
Aged 46 years, Occupation : Helper,
R/o. C/o Madhavkuti Madhyamic Ashram School,
Butibori, Tal. and District Nagpur.
....... PETITIONERS
...V E R S U S...
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1] State of Maharashtra,
through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai-32.
2] The Divisional Commissioner,
Social Welfare Department,
Nagpur.
3] The Assistant Commissioner,
Social Welfare Department,
Nagpur.
....... RESPONDENTS
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Shri P.S.Kshirsagar, Advocate for petitioners in both the writ petitions.
Shri A.M.Deshpande, Additional Government Pleader for respondents in both writ
petitions.
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CORAM : A.S.CHANDURKAR and SMT. M.S.JAWALKAR, JJ.
DATE : 6th APRIL, 2022.
ORAL JUDGMENT (Per A.S.CHANDURKAR, J.)
1] Rule. Rule made returnable forthwith and heard the learned counsel
for the parties.
2] The petitioners are non-teaching employees of an Ashram School and
their appointment has been approved by the Competent Authority. They seek benefit
of Government Resolution dated 30.04.1998 on completion of twelve years qualifying
services. The learned Counsel for the petitioners submits that by virtue of that
Government Resolution the petitioners would be entitled for higher pay scale. He
further submits that similar issue has been decided on 21.09.2013 by the Principal
Seat in Writ Petition No. 2358 of 2013 ( Kiran Namdeo Shinde & Ors. Vs. State of
Maharashtra.) with connected writ petitions.
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3] The learned Assistant Government Pleader for the respondents on
perusing the aforesaid decision submits that the respective cases of the petitioners,
could be examined to determine whether the eligibility criteria is satisfied by them.
Considering the aforesaid, we are inclined to follow the similar course as was
followed in Writ Petition No. 2358 of 2013. Accordingly, we pass the following
order :
ORDER
i] The respondents shall examine the cases of each of the individual
petitioners for deciding whether they satisfy the criteria laid down for claiming
benefits under the Assured Career Progression Scheme, applicable to the private aided
schools under Government Resolution dated 30.04.1998 and as modified from time to
time; and if it is found that any or all the petitioners do satisfy the eligibility criteria
including initial service of twelve years, he/she/they shall be extended benefits of the
Scheme by the respondents. Let such exercise be completed within a period of six
months from the date of receipt of a copy of this order.
ii] The respondents shall not unduly delay grant of benefits to such of
the eligible petitioners immediately after a decision is taken in terms of this order. In
any event, payment of monetary benefits in favour of the eligible petitioners must be
made within three months from the date of the decision.
iii] We also make it clear that if any of the petitioners is not found
entitled to the benefits of the Scheme, a reasoned order shall be passed and
communicated to him.
The writ petition disposed of with the aforesaid directions. Rule
accordingly. No costs.
(SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.)
Andurkar..
