Bombay High Court
Rangnath Parshuram Jadhav vs The State Of Maharashtra And ... on 28 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1
2883.22WP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
84 WRIT PETITION NO.2883 OF 2022
RANGNATH PARSHURAM JADHAV
VERSUS
THE STATE OF MAHARASHTRA & OTHERS
...
Advocate for the petitioner : Mr.B.B.Dahiphale
AGP for Respondent-State : Mr.A.R.Kale
...
CORAM : S.V.GANGAPURWALA &
S.G.DIGE, JJ.
DATE : 28.02.2022
P.C. :
1] Heard.
2] The petitioner is the employee of aided private
Ashram School. The petitioner is claiming his entitlement to
higher pay scale under Assured Career Progress Scheme [for
short 'the ACPS'] on completion of 12 years of qualifying
service from the date of his initial appointment.
3] It is the contention of the petitioner that the
employees serving in the private aided Ashram Schools are
discriminated, and have been denied benefits whereas, the
benefits are made available to the Ashram Schools
conducted by the Social Welfare Department, and other
private aided schools conducted by other Departments.
2883.22WP
4] The issue raised in the petition is no more res
integra in view of the judgment of the Division Bench at
Principal Seat in Writ Petition No.2358/2013 and other
companion matters decided on Sept. 21 st, 2013. the Division
Bench in paragraph nos.17 to 19 of the order has observfed
thus:-
"17. The Assured Career Progress Scheme is a
welfare scheme which is basically brought
about to remove stagnation as very few
promotion avenues are available to Group 'C'
and 'D' employees. The ACPS enables the
eligible employees to be placed in higher pay
scale. The eligible non-teaching staff of the
aided Secondary Schools in Group 'C' and 'D'
category gets the benefit of ACPS. But the
similar category of employees in the aided
private Ashram Schools who perform identical
duties have been denied the benefit of ACPS
which infringes their fundamental rights under
Articles 14 and 16 of the Constitution of India.
The action of denial of benefits to the similarly
placed employees discharging similar duties is
arbitrary and violative of Article 14 of the
Constitution of India.
2883.22WP
18. Only on the basis of purported
ground of financial crunch, we fail to
understand the approach of the State
Government of discriminating between the non-
teaching staff of aided Ashram Schools and
non-teaching staff of aided private schools. At
one stage both the schools were functioning
under the control of only one department.
19. In our view the denial of benefit of
ACPS amounts to discrimination, which is hit by
the rights guaranteed by Articles 14 and 16 of
the Constitution of India."
5] In view of the decision rendered by the Division
Bench, as referred to above, the petition deserves to be
allowed, and the same is accordingly allowed.
6] The respondents in this petition are directed to
examine the case of the petitioner for deciding whether he
satisfies the criteria laid down for claiming benefits under
the ACPS to the private aided Government Schools under
the Government Resolution dated 30th April 1998, as
modified from time to time, and if it is found that the
petitioner is entitled to claim benefits under the Scheme,
and he satisfies the eligibility criteria, the respondents shall
extend the benefits to the petitioner in this petition. The
2883.22WP
respondents shall scrutinize the case of petitioner within a
period of six months, and extend the benefits to such
petitioner, who is found eligible, as expeditiously as possible
preferably, within a period of four months from such
scrutiny.
7] Writ Petition stands disposed of accordingly.
[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.]
DDC
