Siddharth Wamanrao Sardar And ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 2325 Bom

                                           1
                                                                     3247.22WP+

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         917 WRIT PETITION NO.3247 OF 2022

                 SIDDHARTH WAMANRAO SARDAR AND OTHERS
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS

                                           ...
                     Advocate for the petitioners : Mr.A.D.Pawar
                      AGP for Respondent-State : Mr.S.P.Tiwari
                                           ...

                                        AND
                         929 WRIT PETITION NO.3272 OF 2022

                     BALWANT BHIKU JADHAV AND OTHERS
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS

                                           ...
                     Advocate for the petitioners : Mr.A.D.Pawar
                      AGP for Respondent-State : Mr.S.P.Tiwari
                                           ...

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

DATE : 08.03.2022

P.C. :

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.

3247.22WP+

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

3247.22WP+

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 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, J.] [S.V.GANGAPURWALA, J.]

DDC