Sandip Purushottam Dhote And ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 11994 Bom

WP 6023-2022                                  1                      Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.
                 WRIT PETITION NO. 6023 OF 2022
1.   Sandip Purushottam Dhote,
     aged about 43 years, Occ. Service as Junior Clerk.

2.   Sanjay s/o Domaji Amte,
     aged about 52 years, Occ. Service as Cook.

3.   Jitendra Wamanrao Telange,
     aged about 47 years, Occ. Service as Superintendent.

4.   Satish Babarao Zoting,
     aged about 42 years, Occ. Service as Peon.

5.   Kalpana Suryabhanji Kolhe,
     aged about 52 years, Occ. Service as Cook.

     All are R/o Dongarkheda, Tah. Kalamb,
     District - Yavatmal.
                                                                PETITIONERS
                                .....VERSUS.....
1.   The State of Maharashtra,
     through its Secretary,
     Social Welfare Department,
     Mantralaya, Mumbai - 32.

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

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

                 Shri R.N. Ghuge, Advocate for the petitioners.
 Shri A.S. Fulzele, Additional 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 6023-2022                                 2                      Judgment

Counsel for the parties.


2.          The learned Additional 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 6023-2022 3 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