BANDAGI ABDUL ISAK AND ORSversusTHE ASSISTANT COMMISSIONER AND ORS

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 1797 OF 2025

Bandagi Abdul Isak and Others.                        ...Petitioners.
        Versus
The Assistant Commissioner and Others.                ...Respondents.
                            ——————
Mr. Ruturaj Chavan i/b I. M. Khairdi for the Petitioners.
Mr. Siddheshwar B. Kalel, AGP for the Respondent-State.
                                   ——————
                                     Coram :     Sharmila U. Deshmukh &
                                                 Neeraj P. Dhote, JJ.
                                     Date      : September 29, 2026.
P. C. :

1.         By the present petition, the Petitioners seek direction to the

Respondent No.6 to make available benefits of ACP scheme to the

Petitioners as provided by the judgment and order dated 29 th

September 2013 passed in Writ Petition No. 650 of 2013.


2.         Briefly stated facts of the case are that Petitioners are working as

Class-C and Class-D employees in Respondent No.7-school which is

100% grant-in-aid school.         The approvals were duly granted to the

appointment of Petitioners in the year 2016 and the Petitioners have

rendered service for more than 12 years and are, therefore entitled to

next promotion. As there is no promotional channel available to the

Petitioners, they claim benefit of ACP scheme.



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3.         Learned Counsel appearing for the Petitioners submits that as the

benefits of ACP scheme were not extended to the employees of Ashram

school, petitions were filed in this Court and it was held that the said

scheme is applicable to the employees of Group-C and Group D of aided

private schools as per Government Resolution dated 30 th April 1998. He

would further point out the decision of this Court in the case of Kiran

Namdeo Shinde v. State of Maharashtra1.                He would further point

paragraph no.8 of the affidavit-in-reply of Respondent-Authorities

stating that the Respondents will extend the benefit of ACP scheme to

the Petitioner if found eligible after scrutiny of their documents as per

Government Resolution dated 30th April 1998.


4.         Mr. Kalel, learned AGP would submit that the requisite data is

required to be collected from various Departments and a decision will

be taken by the Respondent-Authorities after approval from the Finance

Department. He submits that as the data to be collected is voluminous,

longer time will be required to consider the eligibility of employees of

Ashram Schools.


5.         The decision of this Court in Kiran Namdeo Shinde v. State of

Maharashtra (supra) extends the benefit of ACP scheme to the non

1    WP No. 2358 of 2013 (Principal Seat) dtd 21-9-2013.


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teaching staff of Group-C and Group-D posts which will apply to the

present Petitioners, who are working in Ashram Schools. There is a

specific pleading in the affidavit-in-reply that if the Petitioners are

found to be eligible after scrutiny of documents, Respondents will

extend the benefit of ACP scheme to them. The reason put forth for

delaying the extension of benefits of ACP scheme that data is required

to be collected in respect of all the employees cannot be accepted, as

the Petitioners have approached this Court and are seeking the benefits

which are made available to the identically placed employees. It is for

the Respondents to ensure that the benefits are made available to the

employees if they are found to be eligible and it is admitted              in

paragraph 8 of the affidavit-in-reply that after scrutinizing the

documents and considering the eligibility, the benefits of ACP scheme

would be made available to the Petitioners.


6.         In view of the clear admission and judicial pronouncement of this

Court, the petition is disposed of by directing the Respondents to

consider the eligibility of Petitioners as per Government Resolution

dated 30th April 1998 within a period of ten weeks from today. It is open

for the Respondents to call for necessary documentation from the

concerned departments and/or Petitioners regarding their employment.

However, decision as regards the eligibility of the Petitioners is to be




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taken within a period of ten weeks from today. In event, the Petitioners

are found to be eligible as per the Government Resolution dated 30 th

April 1998, benefits to be extended to them within a period of six weeks

thereafter.


7.         The petition is allowed in the above terms.




 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]




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