Sulochana Anantkumar Chavhan And ... vs The State Of Maha., Thr. Secy., ...
2023 Latest Caselaw 548 Bom

WP 379-2023                                     1                      Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 379 OF 2023
1.     Sulochana Anantkumar Chavhan,
       aged about 41 years, Occ. Service as Junior Clerk,
       C/o Shri Vasantrao Naik Secondary Ashram School
       Fulumari, Tah. Manora, District - Washim.

2.     Mahendragiri Shatrughan Manwar,
       aged about 42 years, Occ. Service as Cook,
       C/o Shri Vasantrao Naik Secondary Ashram School
       Fulumari, Tah. Manora, District - Washim.

3.     Bhimrao Anandrao Kharode,
       aged about 47 years, Occ. Service as Lab Assistant,
       C/o Shri Vasantrao Naik Secondary Ashram School
       Fulumari, Tah. Manora, District - Washim.
                                                                  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, Washim,
       District - Washim.
                                                                RESPONDENTS

                  Shri R.N. Ghuge, Advocate for the petitioners.
     Ms. N.P. Mehta, Assistant Government Pleader for the respondents/ State.


CORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE : 16th JANUARY, 2023
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)


              RULE. Rule made returnable forthwith and heard the learned

Counsel for the parties.
 WP 379-2023                                  2                      Judgment

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 Washim. 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

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 WP 379-2023 3 Judgment

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:17.01.2023 10:42