Bombay High Court
Ashok Badrisingh Rathod And ... vs The State Of Maharashtra, Through ... on 17 August, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
WP-1277-20 C WP-7856-19 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1277 OF 2020
1. Ashok Badrisingh Rathod,
Aged 49 years, Occ. Shipai,
R/o. C/o Haribhau Naik Madhyamic Ashram Shala,
Shevati, Tal. Karanja, District Washim.
2. Shravan Motiram Rathod,
Aged 55 years, Occ. Cook,
R/o. C/o Haribhau Naik Madhyamic Ashram Shala,
Shevati, Tal. Karanja, District Washim.
3. Kashinath Laxman Bansod,
Aged 54 years, Occ. Helper.
R/o. C/o Haribhau Naik Madhyamic Ashram Shala,
Shevati, Tal. Karanja, District Washim.
....... PETITIONERS
...V E R S U S...
1. The State of Maharashtra,
Through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai-32.
2. The Commissioner/Director,
Social Welfare Department,
Maharashtra State, Pune
3] The Regional Deputy Commissioner,
Social Welfare Department, Amravati Division,
Amravati.
4] The Assistant Commissioner,
Social Welfare Officer, Washim
Tq. and District Washim.
....... RESPONDENTS
with
WRIT PETITION NO. 7856/2019
1. Shivram Sakharam Ghogare,
Aged 58 years, Occ. Retired Peon,
R/o. Morhal, Post Poha, Tql.Barshitakli,
District Akola.
WP-1277-20 C WP-7856-19 2/5
2. Gajendra Suresh Rathod,
Aged 55 years, Occ. Superintendent,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
3. Avinash Pratapsing Rathod,
Aged 54 years, Occ. Clerk,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
4. Udesing Ranglal Pawar,
Aged 39 years, Occ. Lab Attendant,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
5. Sahebrao Prabhusing Jadhav,
Aged 54 years, Occ. Shipai,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
6. Sanjay Banshi Rathod,
Aged 49 years, Occ. Bus Kamathi,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
7. Shashikala Sawai Rathod,
Aged 42 years, Occ. Cook,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
8. Santosh Aatmaram Chawhan,
Aged 42 years, Occ. Bus Kamathi,
R/o. C/o Mahatma Gandhi Ashram Shala,
Lohgaon, Panchayat Samiti Karanja, District Washim.
9. Somnath Bapurao Dakhore,
Aged 42 years, Occ.Kamathi,
R/o. C/o Lobhasingh Naik Prathamik Ashram Shala,
Kalamba (Bo.), Panchayat Samiti Peer, District Washim.
10. Pramila Maniram Chawhan,
Aged 42 years, Occ. Cook,
R/o. C/o Lobhasingh Naik Prathamik Ashram Shala,
Kalamba (Bo.), Panchayat Samiti Peer, District Washim.
11. Smt. Sangita Vijay Wadate,
Aged 42 years, Occ. Helper,
R/o. C/o Lobhasingh Naik Prathamik Ashram Shala,
Kalamba (Bo.), Panchayat Samiti Peer, District Washim.
WP-1277-20 C WP-7856-19 3/5
12. Smt. Savita Udesingh Pawar,
Aged 42 years, Occ.Cook,
R/o. C/o Lobhasingh Naik Prathamik Ashram Shala,
Kalamba (Bo.), Panchayat Samiti Peer, District Washim.
13. Smt.Karuna Bansi Rathod,
Aged 42 years, Occ. Cook,
R/o. C/o Lobhasingh Naik Prathamik Ashram Shala,
Kalamba (Bo.), Panchayat Samiti Peer, District Washim.
....... PETITIONERS
...V E R S U S...
1. State of Maharashtra,
Through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai-32.
2. The Commissioner/Director,
Social Welfare Department,
Maharashtra State, Pune
3. The Regional Deputy Commissioner,
Social Welfare Department, Amravati Division,
Amravati.
4. The Assistant Commissioner,
Social Welfare Officer, Washim,
Tq. Karanja and District Washim.
....... RESPONDENTS
-------------------------------------------------------------------------------------------------------------
Shri P.S.Kshirsagar, Advocate for petitioners in both the writ petitions.
Ms N. P. Mehta, Assistant Government Pleader for respondents in both the
writ petitions.
------------------------------------------------------------------------------------------------------------
CORAM :- A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE :- AUGUST 17, 2022
JUDGMENT (Per A.S.CHANDURKAR, J.)
1] Rule. Rule made returnable forthwith and heard the learned counsel
for the parties.
WP-1277-20 C WP-7856-19 4/5
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 at Mumbai in Writ Petition No. 2358 of 2013 ( Kiran Namdeo Shinde
and ors. v/s. The State of Maharashtra and ors.) with connected writ petitions.
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 ( Kiran Namdeo Shinde and ors. v/s. The
State of Maharashtra and ors. ) with connected writ petitions. 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
WP-1277-20 C WP-7856-19 5/5
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 petitions are disposed of with the aforesaid directions. Rule
accordingly. No costs.
(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.)
Andurkar..
Digitally Signed byJAYANT S
ANDURKAR
Personal Assistant
Signing Date:
17.08.2022 17:48
