Case Note & Summary
The petitioners, three non-teaching staff members (Madhuri Sureshpant Undre, Vijay Hiramanji Kangale, and Manisha Sureshpant Undre) working in private Ashram Schools in Amravati District, filed a writ petition seeking benefits under the Government Resolution dated 30/04/1998, which provides for Assured Career Progression (ACP) Scheme for employees of private aided schools. The court noted that similar issues had been decided in Writ Petition No. 2358/2013 (Kiran Namdeo Shinde and Ors. v. State of Maharashtra) on 21/09/2013. Following that precedent, the court directed the respondents (State of Maharashtra, Divisional Social Welfare Officer, and Assistant Commissioner Social Welfare) to examine each petitioner's case individually to determine if they satisfy the criteria for ACP benefits under the Government Resolution dated 30/04/1998 as modified. If found eligible, the benefits are to be extended within six months of scrutiny, preferably within four months thereafter. The petition was disposed of with no costs.
Headnote
A) Service Law - Assured Career Progression (ACP) Scheme - Government Resolution dated 30/04/1998 - Entitlement of non-teaching staff in private aided Ashram Schools - The court directed the respondents to examine each petitioner's case to determine eligibility for ACP benefits under the Government Resolution dated 30/04/1998 as modified, and if found eligible, to extend the benefits within six months of scrutiny. (Paras 3-5)
Issue of Consideration
Whether the petitioners, non-teaching staff in private Ashram Schools, are entitled to benefits under the Government Resolution dated 30/04/1998 (ACP Scheme) as modified from time to time.
Final Decision
The respondents are directed to examine the cases of each individual petitioner to decide whether they satisfy the criteria 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. If found eligible, the respondents shall extend the benefits to the petitioners. The respondents shall scrutinize the cases within six months and extend benefits to eligible petitioners within four months from such scrutiny. Rule made absolute in aforesaid terms. No costs.
Law Points
- Government Resolution dated 30/04/1998
- Assured Career Progression (ACP) Scheme
- Private aided schools
- Eligibility criteria
- Scrutiny by authorities
Case Details
2022 LawText (BOM) (12) 129
Writ Petition No. 8297 of 2022
A.S. Chandurkar, Anil L. Pansare
Shri R.N. Ghuge for the petitioners, Ms. N.P. Mehta, Assistant Government Pleader for the respondents/State
Madhuri Sureshpant Undre, Vijay Hiramanji Kangale, Manisha Sureshpant Undre
The State of Maharashtra, The Divisional Social Welfare Officer, Amravati Division, Amravati, The Assistant Commissioner Social Welfare, Amravati
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Nature of Litigation
Writ petition seeking benefits under Government Resolution dated 30/04/1998 (ACP Scheme) for non-teaching staff in private Ashram Schools.
Remedy Sought
Petitioners seek direction to respondents to extend benefits of the Government Resolution dated 30/04/1998 as modified from time to time.
Filing Reason
Petitioners claim to be working as non-teaching staff in private Ashram Schools and are entitled to ACP benefits under the Government Resolution dated 30/04/1998.
Previous Decisions
Similar issues were considered in Writ Petition No. 2358/2013 (Kiran Namdeo Shinde and Ors. v. State of Maharashtra) decided on 21/09/2013.
Issues
Whether the petitioners are entitled to benefits under the Government Resolution dated 30/04/1998 (ACP Scheme) as modified from time to time.
Submissions/Arguments
Petitioners claim they are non-teaching staff in private Ashram Schools and seek ACP benefits under Government Resolution dated 30/04/1998.
Respondents' counsel waived notice and did not oppose the direction for scrutiny.
Ratio Decidendi
The court followed the precedent in Kiran Namdeo Shinde v. State of Maharashtra, directing the respondents to examine each petitioner's eligibility for ACP benefits under the Government Resolution dated 30/04/1998 as modified, and if eligible, to extend the benefits within a specified timeframe.
Judgment Excerpts
Each petitioner claims to be working as non-teaching staff in private Ashram Schools in the District of Amravati. The petitioners seek benefit of the Government Resolution dated 30/04/1998 as modified from time to time.
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.
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 satisfy the eligibility criteria, the respondents shall extend the benefits to the petitioners.
Procedural History
The writ petition was filed in 2022. The court heard the matter on 23/12/2022 and disposed it by following the precedent in Writ Petition No. 2358/2013 decided on 21/09/2013.
