Yogendrasing Dhansing Girase vs The State Of Maharashtra And ...
2022 Latest Caselaw 227 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                           WRIT PETITION NO. 231 OF 2022

 Yogendrasing Dhansing Girase                                     .. Petitioner

          Versus

 The State of Maharashtra and others                              .. Respondents

 Mr. Ajay D. Pawar, Advocate for the Petitioner.
 Mr. S. B. Yawalkar, Addl. G. P. for Respondents/State.

                                       AND
                           WRIT PETITION NO. 233 OF 2022

 Santosh Bhoja Chavan                                             .. Petitioner

          Versus

 The State of Maharashtra and others                              .. Respondents

 Mr. Ajay D. Pawar, Advocate for the Petitioner.
 Mr. S. P. Tiwari, A. G. P. for Respondents/State.

                                CORAM :   S. V. GANGAPURWALA &
                                          S. G. DIGE, JJ.

DATED : 06th JANUARY, 2022.

PER COURT:-

1. The petitioners claim to be Class-IV employees of Ashram

School under the Social Welfare Department. The petitioners seek

ACPS benefit on completion of 12 years of service.

2. The issue is no longer res integra in view of the judgment

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of this Court in Writ Petition No.2358 of 2013 with connected writ

petitions dated September 21, 2013.

3. In light of that, we follow the same course:

(i) We declare that the benefit of ACPS, which is applicable to the

employees of Group 'C' and 'D' non-teaching staff of the aided

Private Schools in the State under the Government Resolution

dated 30th April, 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 case 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 under the

Government Resolution dated 30th April, 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;

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(iv) We grant time of six months to the respondents to scrutinize

the case of the petitioners and to consider whether petitioners

are eligible for the benefit of ACPS;

(v) If the petitioners are found eligible, the benefit shall be

extended, as expeditiously as possible;

4. Writ Petitions are disposed of. No costs.

 ( S. G. DIGE )                                    ( S. V. GANGAPURWALA )
    JUDGE                                                    JUDGE




 P.S.B.




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