Bombay High Court
Vilas Kisan Pawar And Others vs The State Of Maharashtra, Thr. ... on 19 March, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:2777-DB
7.wp6018.2022jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6018 OF 2022
1. Vilas Kisan Pawar
Aged 40 years, Occupation : Hostel
Superintendent, R/o. C/o. N.T. and V.J.A.
Ashram Shaala Kanholibara, Tal. Hingna,
Dist. Nagpur.
2. Pramod Tulshiram Waghmare
Aged 44 years, Occupation : Hostel
Superintendent, R/o. C/o. Ahilyadevi Holkar
Prathamic Ashramshaala Sheshnagar,
Tal. Hingna, Dist. Nagpur
3. Dadarao Bapurao Dhokane
Age 42 years, Occupation : Hostel
Superintendent, R/o. C/o. Vasantrao Naik ... Petitioners
Mahyamic Ashramshaala, Tal. Hingna,
Dist. Nagpur.
4. Kiran Bhagwatrao Ganjare
Aged 40 years, Occupation : Hostel
Superintendent, R/o. C/o. Shri Sant Satyadev
Baba Prathamic N.T. and VJA Ashram Shaala
Bharwadi, Tal. Tiwasa, Dist. Amravati.
Versus
1. The State of Maharashtra,
Through its Secretary Social Welfare
Department, Mantralaya, Mumbai 32
2. The Divisional Commissioner,
Social Welfare Department, Nagpur.
3. The Assistant Commissioner,
Social Welfare Department, ... Respondents
Nagpur.
4. The Assistant Commissioner,
Social Welfare Department,
Amravati.
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Mr. P.S. Kshirsagar, Advocate for petitioners
Mr. A.M. Kadukar, AGP for respondent Nos.1 to 4.
CORAM : AVINASH G. GHAROTE AND
ABHAY J. MANTRI, JJ.
DATE : 19.03.2025.
ORAL JUDGMENT: (PER: Abhay J. Mantri, J)
CIVIL APPLICATION NO. 2712 OF 2024
The learned Advocate for the petitioners/applicants submitted
that the nomenclature of the respondents' department has been
changed. Therefore, the petitioners want to amend the petition to
which the learned AGP has not objected.
2. Considering the reasons stated in the application, the application
is allowed as prayed for.
3. The petitioners are directed to carry out the amendment
forthwith.
1. Mr. Ukey, learned Additional GP waives notice for all
respondents.
2. Heard. Rule. Rule is made returnable forthwith and heard finally
with the consent of the learned counsel for both parties.
3. The petitioners seek to grant the first benefit of the ACP Scheme
in favour of the petitioners and other consequential benefits in view of
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the G.Rs. dated 02.03.2019 and 23.10.2017 and in view of the dictum
laid down in judgment dated 21.09.2013 in W.P. No. 2358/2013.
4. The learned AGP has conceded the said position and submitted
that the appropriate orders be passed.
5. It appears that the facts in the present matter are identical and
similar to the facts in the above decision, and therefore, in our opinion,
it would be proper to dispose of the petition in terms of the decision in
the said case, i.e. by directing the respondents to examine the
entitlement and eligibility of the petitioners to receive the first benefits
of ACP Scheme in light of the Government Resolution dated
02.03.2019 and other Government Resolutions as applicable in that
regard. The same shall be considered within a period of eight weeks
from the receipt of a copy of this order. In case the petitioners are
found to be entitled to receive such benefits, the same shall be released
in their favour within four months of such a decision being taken.
6. Accordingly, the petition is disposed of, and the rule is made
absolute in the above terms. No costs.
(Abhay J. Mantri, J.) (Avinash G. Gharote, J.)
Prity
Signed by: Mrs. Prity Gabhane PAGE 3 OF 3
Designation: PA To Honourable Judge
Date: 20/03/2025 11:02:22
