Sham Digambar Dhondiparange And ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 11993 Bom

WP 5394-2022                                    1                   Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
                  WRIT PETITION NO. 5394 OF 2022
1.    Sham Digambar Dhondiparange,
      aged about 50 years, Occ. Service as Clerk.

2.    Sharad Balaji Itankar,
      aged about 46 years, Occ. Service, Lab. Assistant.

3.    Ramaji s/o Sakharam Rathod,
      aged about 52 years, Occ. Service as Helper.

4.    Namdeo s/o Harichandra Pawar,
      aged about 50 years, Occ. Service as Helper.

5.    Namdeo s/o Digambar Rathod,
      aged about 51 years, Occ. Service as Helper.

6.    Abdul Naim Abdul Rafique Ansari,
      aged about 52 years, Occ. Service as Helper.

7.    Vitthal s/o Sakharam Chavhan,
      aged about 47 years, Occ. Service as Hostel Superintendent.

8.    Shamrao Sadashiv Gedekar,
      aged about 40 years, Occ. Service as Cook.

9.    Ku. Kavita Vitthal Jadhav,
      aged about 49 years, Occ. Service as Cook.

      Petitioner Nos. 1 to 9 are R/o C/o Shri Ambru Naik
      Secondary Ashram School, Nagrala, Tah. Jivati,
      District - Chandrapur.

10.   Chandar Rajaram Chavhan,
      aged about 56 years, Occ. Service as Kamathi,
      R/o C/o Sanjay Gandhi Primary Ashram School Nagrala,
      Tah. Jivati, District - Chandrapur.

11.   Vinayak Kondiba Jadhav,
      aged about 54 years, Occ. Service as Cook,
      R/o C/o Sanjay Gandhi Primary Ashram School Nagrala,
      Tah. Jivati, District - Chandrapur.

12.   Shashikala Chandar Rathod,
      aged about 53 years, Occ. Service as Cook,
      R/o C/o Sanjay Gandhi Primary Ashram School Nagrala,
 WP 5394-2022                                   2                    Judgment

      Tah. Jivati, District - Chandrapur.

13.   Gulab Devisingh Rathod,
      aged about 49 years, Occ. Service as Kamathi,
      R/o C/o Priyadarshini Indira Gandhi Primary Ashram School
      Bhurkunda (Kh.), Tah. Rajura, District - Chandrapur.

14.   Vilas Odelu Bahirwar,
      aged about 45 years, Occ. Service as Asst. Cook,
      R/o C/o Priyadarshini Indira Gandhi Primary Ashram School
      Bhurkunda (Kh.), Tah. Rajura, District - Chandrapur.

15.   Hanjari Tulshiram Rathod,
      aged about 45 years, Occ. Service as Cook,
      R/o C/o Late Gangaram Naik Secondary Ashram School
      Ambedhanora, Tah. Pombhurni, District - Chandrapur.

16.   Anil s/o Kavdaji Naitam,
      aged about 52 years, Occ. Service as Asst. Cook,
      R/o C/o Late Vasantrao Naik Primary Ashram School
      Chandanwahi, Tah. Rajura, District - Chandrapur.
                                                               PETITIONERS
                                 .....VERSUS.....
1.    The State of Maharashtra,
      through its Secretary,
      Social Welfare Department,
      Mantralaya, Mumbai - 32.

2.    The Divisional Social Welfare Officer,
      Nagpur Division, Nagpur.

3.    The Special District Social Welfare Officer/
      Assistant Commissioner Social Welfare, Chandrapur,
      District - Chandrapur.
                                                             RESPONDENTS

                Shri R.N. Ghuge, Advocate for the petitioners.
Shri A.M. Deshpande, In-charge Government Pleader for the respondents/ State.


CORAM : A.S. CHANDURKAR AND ANIL L. PANSARE, JJ.
DATE : 22nd NOVEMBER, 2022.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)


             RULE. Rule made returnable forthwith and heard the learned
 WP 5394-2022                                 3                      Judgment

Counsel for the parties.


2.          The learned in-charge Government Pleader waives notice for

the respondents.


3.          Each petitioner claims to be working as non-teaching staff in

private Ashram Schools in the District of Chandrapur. The petitioners seek

benefit of the Government Resolution dated 30/04/1998 as modified

from time to time.


4.          It is seen that the issues raised in the Writ Petition have been

considered by this Court in Writ Petition No. 2358/2013 (Kiran Namdeo

Shinde and Ors. Vs. The State of Maharashtra, thr. Secretary, Social

Welfare Dept. and Ors.) decided on 21/09/2013 with other connected

Writ Petitions.


5.          In view of aforesaid, for the reasons stated in that judgment,

the following order is passed :


                                    ORDER

The respondents are directed to examine the cases of each of

the individual petitioner for deciding whether they satisfy the criteria laid

down for claiming benefits under the ACPs to the private aided

Government Schools under the Government Resolution dated WP 5394-2022 4 Judgment

30/04/1998 as modified from time to time and if it is found that the

petitioners are entitled to claim benefits under the scheme and they

satisfy the eligibility criteria, the respondents shall extend the benefits to

the petitioners. The respondents shall scrutinize the cases of individual

petitioners within a period of six months and extend the benefits to such

of the petitioners, who are found eligible as expeditiously as possible and

preferably within a period of four months from such scrutiny.

Rule is made absolute in the aforesaid terms. No costs.

(ANIL L. PANSARE, J.) (A.S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:23.11.2022 11:37