Sanjay Devidas Rathod And Others vs The State Of Maharashtra, Thr. ...
2023 Latest Caselaw 1173 Bom

WP 804-2023                                   1                     Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.
                  WRIT PETITION NO. 804 OF 2023
1.   Sanjay Devidas Rathod,
     aged about 36 years, Occ. Service as Cook,
     C/o Late Chandrabhan Patil VJNT
     Secondary Ashram School, Ramnagar (Yawali),
     Tah. and District - Yavatmal.

2.   Pinkoj Shyamrao Shrirame,
     aged about 40 years, Occ. Service as Kamathi,
     C/o Late Chandrabhan Patil VJNT
     Secondary Ashram School, Ramnagar (Yawali),
     Tah. and District - Yavatmal.

3.   Vikram Baliram Jadhav,
     aged about 46 years, Occ. Service as Shipai,
     C/o Late Chandrabhan Patil VJNT
     Secondary Ashram School, Ramnagar (Yawali),
     Tah. and District - Yavatmal.

4.   Nitin Sukhdeorao Mahalle,
     aged about 43 years, Occ. Service as Peon,
     C/o Late Chandrabhan Patil VJNT
     Secondary Ashram School, Ramnagar (Yawali),
     Tah. and 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 Assistant Commissioner Social Welfare, Yavatmal,
     District - Yavatmal.
                                                              RESPONDENTS

                Shri R.N. Ghuge, Advocate for the petitioners.
Shri S.M. Ghodeswar, Assistant Government Pleader for the respondents/ State.


CORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE : FEBRUARY 3, 2023
 WP 804-2023                                  2                      Judgment

ORAL JUDGMENT         (PER : A.S. CHANDURKAR, J.)


            RULE. Rule made returnable forthwith and heard the learned

Counsel for the parties.


2.          The learned Assistant 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 Yavatmal. 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 WP 804-2023 3 Judgment

down for claiming first benefit under the ACP Scheme on completion of

twelve years service to the private aided Government Schools under the

Government Resolution dated 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.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:03.02.2023 18:17