Vivek Dhanrajpant Chawane And ... vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 2372 Bom

38.WP4674.21(J)                                                                     1/3


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                               WRIT PETITION NO. 4674/2021

1.   Vivek Dhanrajpant Chawane,
     Age 55 years, Occupation : Kamathi,
     R/o. C/o. Shri Swami Samnarth Prathmik
     Ashram Shala, Sarandi Bk,
     Tal. Lakhandur, District Bhandara.

2.   Omprakash Ratiram Ramteke,
     Age 34 years, Occupation : Cook.
     R/o. C/o Shri Swami Samnarth Prathmik
     Ashram Shala, Sarandi Bk.
     Tal.Lakhandur, District Bhandara.

3.   Ku.Shisukala Bhoram Bendwar,
     Age 34 years, Occupation : Helper.
     R/o. C/o Shri Swami Samnarth Prathmik
     Ashram Shala, Sarandi Bk.
     Tal.Lakhandur, District Bhandara.

4.   Dashrath Dhonduji Kamble
     Age 64 years, Occupation : Cook.
     R/o. C/o Shri Swami Samnarth Prathmik
     Ashram Shala, Sarandi Bk.
     Tal.Lakhandur, District Bhandara.

                                                     ....... 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, Nagpur Division,
      Nagpur.




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4]       The Assistant Commissioner,
         Social Welfare Officer, Bhandara,
         District Bhandara.

                                                                         ....... RESPONDENTS
---------------------------------------------------------------------------------------------------------------
Shri Gaurav O. Gadge, Advocate with Shri P.S.Kshirsagar, for petitioners.
Ms. N.P.Mehta, Assistant Government Pleader for respondents.
--------------------------------------------------------------------------------------------------------------

                CORAM : A.S.CHANDURKAR and SMT. M.S.JAWALKAR, JJ.
                DATE  : 9th March, 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 23.07.2021 by this Court in

Writ Petition No. 767 of 2019 ( Laxmi Gyanuji Lokhande & Ors. .v/s. The State of

Maharashtra and ors.).



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.


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 38.WP4674.21(J)                                                                          3/3


Considering the aforesaid, we are inclined to follow the similar course as was

followed in Writ Petition No. 767 of 2019. 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..