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Sunil S/O Bhavrao Rathod and Others v. the State of Maharashtra, through Its Secretary, Social Welfare Deparment, Mumbai and 3 Others

Bombay HC15 Jan 2018WP/4298/2016

Case brief

AI extract

What is this about?

Petitioners sought entitlement to Assured Career Progression Scheme following a precedent. Court declared entitlement on parity and directed scrutiny of eligibility within six months, with payment if eligible.

What did the court decide?

Petitioners declared entitled to Assured Career Progression Scheme benefit; respondents directed to scrutinize eligibility within six months and pay benefits if eligible.

Sunil S/O Bhavrao Rathod and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2018)

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1501wp4298.16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO.4298/2016

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Sunil s/o Bhavrao Rathod and others

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...Versus...

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The State of Maharashtra, Through its Secretary Social Welfare Department, Mantralaya, Mumbai – 32 and others

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri P.S. Kshirsagar, Counsel for petitioners Mrs. K.S. Joshi, Addl. G.P. for respondent nos.1 to 4

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The learned Counsel for the petitioners states that the issue involved in this writ petition was also involved in a bunch of writ petitions bearing Writ Petition No.2358 of 2013 and others, and this Court has, by the judgment dated 21.09.2013, declared that the benefit of Assured Career Progression Scheme (ACPS) should be made available to the Group “C” and Group “D” employees of private aided schools including the Ashram Schools. It is stated that this writ petition could be disposed of with similar directions to the respondents.

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The learned Additional Government Pleader appearing on behalf of the respondents does not dispute the statements made on behalf of the petitioners. It is stated that a similar order could be passed in this case, on parity.

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1501wp4298.16.odt

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In view of the statements recorded hereinabove and for the reasons recorded in the judgment dated 21.09.2013 in a bunch of writ petitions bearing Writ Petition No.2358 of 2013 and others, we declare that the petitioners would be entitled to the benefit of Assured Career Progression Scheme (ACPS) and the said benefit may be provided to the petitioners if the other conditions are satisfied. We direct the respondents to scrutinize the case of the petitioners and consider the petitioners' eligibility for the benefits under the Assured Career Progression Scheme (ACPS), within a period of six months. If the petitioners are found to be eligible for the monetary benefits flowing from the scheme, the same should be paid to the petitioners at the earliest. Order accordingly. No costs.

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JUDGE JUDGE

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Wadkar

Sunil S/O Bhavrao Rathod and Others v. the State of Maharashtra, through Its Secretary, Social Welfare Deparment, Mumbai and 3 Others

Case brief

What is this about?

What did the court decide?

Sunil S/O Bhavrao Rathod and Others v. the State of Maharashtra, through Its Secretary, Social Welfare Deparment, Mumbai and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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