Sameer Ashok Salvi and Ors. vs State of Maharashtra Throu. Secretary Tribal Development Dept and Ors. — Bombay HC (2026) — LawSathi Research

Sameer Ashok Salvi and Ors. vs State of Maharashtra Throu. Secretary Tribal Development Dept and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The Petitioners' cases are to be scrutinised against the eligibility criteria of the ACPS directions below paragraph 21 of the 21.09.2013 judgment (benefit under the Government Resolution dated 30.04.1998, as modified); the State undertook to complete the scrutiny within 30 days from the date of this order, and eligible Petitioners are to receive the benefit as expeditiously as possible.

Issue for consideration

Whether the judgment dated 21.09.2013 in Writ Petition No.2358 of 2013 (Kiran Namdeo Shinde & Ors.), especially the directions issued below paragraph 21 relating to ACPS benefit for non-teaching staff of aided private Ashram Schools, is applicable to these Petitioners. +1 more

Court's answer

This Court held that its judgment dated 21.09.2013 in Writ Petition No.2358 of 2013 and group of cases (Kiran Namdeo Shinde & Ors.), especially the directions issued below paragraph 21, is squarely applicable to these Petitioners, with the Respondents raising no dispute on this point.

Ratio / Principle

With regard to clause (iv) of the reproduced 2013 directions (six-month scrutiny period), the Court recorded the State's statement that the scrutiny would be completed within 30 days from today instead of the six months originally granted.

Key takeaways

In view of the applicability of the 2013 directions and the State's 30-day undertaking, the Petition was disposed of on those terms.ratio¶32

Detailed headnote1 paragraphs

Bombay High Court (Abhay J. Mantri & Ravindra V. Ghuge, JJ.) disposed of Writ Petition No.303 of 2024 (Sameer Ashok Salvi & Ors. v. State of Maharashtra & Ors.) on 18.03.2026. The Respondents conceded that the Court's judgment dated 21.09.2013 in Writ Petition No.2358 of 2013 and group of cases (Kiran Namdeo Shinde & Ors.), especially the directions below paragraph 21, is squarely applicable to these Petitioners. Those directions, reproduced verbatim, declare that the benefit of ACPS applicable to Group 'C' and 'D' non-teaching staff of aided Private Schools under the Government Resolution dated 30th April, 1998 (as modified) extends to the same category of non-teaching staff in private aided Ashram Schools, subject to individual eligibility scrutiny by the authority appointed by the State. Recording the State's statement that scrutiny of these Petitioners' cases would be completed within 30 days from the date of the order (in place of the six months granted in 2013), the Court disposed of the Petition on those terms, with the benefit to be extended expeditiously to those found eligible.

906-WP-303-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.303 OF 2024

Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2026.03.23 14:55:57 +0530

Sameer Ashok Salvi & Ors. ….Petitioners Versus The State of Maharashtra & Ors. ….Respondents

Mr. Saurabh Oka, Advocate, for the Petitioners.

Mr. P. P. Kakade, Addl. GP a/w. Mr. A. R. Deolekar, AGP, for the Respondent-State.

CORAM : RAVINDRA V. GHUGE

&

DATE : 18^th MARCH, 2026

P.C.:

Considering the issue brought before the Court by the Petitioners, there is no dispute by the Respondents that the judgment of this Court dated 21^st September, 2013 delivered in Writ Petition No.2358 of 2013 and group of cases (Kiran Namdeo Shinde & Ors.

vs. State of Maharashtra & Ors.) , especially the directions issued below paragraph 21, would be squarely applicable to these Petitioners.

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906-WP-303-2024.odt

The learned Advocate for the Petitioners submits that

the cases of these Petitioners may be scrutinized in the light of the said directions. The learned Additional Government Pleader is instructed to state that the exercise of scrutinizing the cases of these Petitioners could be completed within 30 days from today, instead of 6 months granted by this Court vide order dated 21^st September, 2013.

For clarity, we are reproducing the directions of this Court in Kiran Namdeo Shinde & Ors. (supra) below paragraph 21 as under:

“(i) We declare that the benefit of ACPS, which is applicable to the employees of Group 'C' and 'D' nonteaching staff of the aided Private Schools in the State under the Government Resolution dated 30th April, 1998 as modified from time to time shall be available to the non-teaching staff of the same category in the private aided Ashram Schools;

(ii) The appropriate Authority appointed by the State Government shall examine the individual cases of the petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Government Schools under the Government Resolution dated 30th April, 1998 as modified from time to time;

(iii) We make it clear that the petitioners will be entitled to the benefit of the said scheme, provided they satisfy the eligibility criteria which is prescribed for the

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906-WP-303-2024.odt

corresponding non-teaching staff of the private aided Schools;

(iv) We grant time of six months to the respondents to scrutinize the cases of the petitioners and to consider whether they are eligible for the benefit of ACPS;

(v) To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible;

(vi) Petitions are disposed of on above terms.”

With regard to clause (iv) reproduced above, we record

the statement of the State that the scrutiny would be completed within 30 days from today.

In view of the above, this Petition is disposed off .

(ABHAY J. MANTRI, J.)

(RAVINDRA V. GHUGE, J.)

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