Bombay High Court
Smt. Kamalabai Keshav Gite And Others vs The State Of Maharashtra, Thr. ... on 6 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:16930-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 27 OF 2018
PETITIONERS : 1. Smt. Kamalabai Keshav Gite, Aged
about 54 years, Occupation : Cook.
2. Digambar Panduji Garad, Aged about
57 years, Occupation : Kamathi.
3. Bhagwan Laxman Gawali, Aged about
58 years, Occupation : Cook.
4. Namdeo Chendu Chavan, Aged about
57 years, Occupation : Cook.
All Nos.1 to 4 are R/o. Paranda, Tah. &
District Akola.
5. Smt. Bebi Shankarrao Pandharkar, Aged
years, Occ. Kamathi, C/o. Govind
Gurukul Primary Ashram School
Riddhapur, Tah. Morshi, District
Amravati.
//VERSUS//
RESPONDENTS : 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 Assistant Commissioner, Social
Welfare, Akola, Dist. Akola.
4. The Assistant Commissioner, Social
Welfare Division, Amravati.
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Mr. RN. Ghuge, Advocate for the Petitioners.
Mr. Nitin Autkar, AGP for Respondent Nos.1 to 4.
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CORAM : SMT. ANUJA PRABHUDESSAI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 6th DECEMBER, 2023.
ORAL JUDGMENT (Per: Smt. Anuja Prabhudessai, J.)
. Rule. Rule made returnable forthwith. Petition is
heard finally with the consent of learned counsel for the respective
parties.
02] The Petitioners are praying for directions against the
Respondents to consider and grant the benefit of the Scheme as
enumerated in Government Resolution dated 30 th April, 1998, as
modified from time to time. The Petitioners are also praying for
consequential service benefits as enumerated in the Scheme.
03] The Petitioners are the employees of Group-C and D
category/Non-teaching Staff of Private Aided Ashram School.
The State Government by Government Resolution dated 30 th
April, 1998, issued by Education Department made applicable the
benefits of Assured Career Progress Scheme (in short "ACPS") to
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the Group-C and D category employees in the Private Schools.
The said Scheme was basically aimed at ensuring that after
completion of 12 years of service period, the employees of Group-
C and D are given benefits such as time bound promotions,
higher pay scale etc.
04] Some of the Group-C and D employees of Private
Aided Ashram Schools filed various petitions before the Principal
Seat of this Court seeking grant of the benefit of ACPS Scheme
enumerated in the Government Resolution dated 30 th April, 1998
on the ground and principle of equal pay for equal work. This
Court by judgment dated 21st September, 2013, declared 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 30 th 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.
05] Some of the Group-C and D employees from
Buldhana District had filed Writ Petition Nos.178 of 2014 and
1350 of 2014 seeking relief on the basis of the judgment in Writ
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Petition No.2358 of 2013 (Kiran Namdeo Shinde & Others Vs.
The State of Maharashtra & Others) filed before the Principal
Seat of this Court. This Court by judgment dated 22 nd July, 2014
had allowed the petition and directed the Respondents 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 30th April, 1998.
06] It is not in dispute that the Petitioners herein are
Group-C and D employees in the Private Aided Ashram School.
The grievance raised by the Petitioners stands covered by the
decision of the Principal Seat of this Court in Writ Petition
No.2358 of 2013 as well as the decision of the Co-ordinate Bench
of this Court in Writ Petition No.178 of 2014.
07] In view of the above, the present writ petition
deserves to be allowed. Hence, the petition is allowed. The
Assistant Commissioner/Assistant Director V.J.N.T. OBC &
Special Backward Class Welfare Officer is directed to examine the
cases of each of the individual Petitioner for deciding whether
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they satisfy the criteria laid down for claiming benefits under the
ACPS to the Private Aided Government Schools under the
Government Resolution dated 30th April, 1998, as modified from
time to time. 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
entire exercise shall be concluded within a period of six weeks. In
the event the Petitioners are held to be eligible and entitled for the
benefits, the Respondent Nos.3 and 4 shall extend the benefits to
the Petitioners as expeditiously as possible within a period of four
weeks thereafter.
08] Rule is made absolute in the above terms. No order as
to costs.
(VRUSHALI V. JOSHI, J.) (ANUJA PRABHUDESSAI, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 08/12/2023 14:54:55
