14-WP-15298-2024(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15298 OF 2024 Shivraj Subhash Bande And Others ...Petitioners Versus The Assistant Commissioner And Others ...Respondents —————— Mr. I. M. Khairdi a/w Mr. Ruturaj Kadam, for the Petitioners. Mr. R.P. Kadam, ‘B’ Panel Counsel for the Respondent-State. —————— CORAM : SHARMILA U. DESHMUKH & NEERAJ P. DHOTE, JJ. DATE : SEPTEMBER 09, 2026. P. C. : 1. By the present petition, the inaction on the part of the Respondents to grant the benefit of the Assured Career Progression Scheme, (“ACPS”) to the Petitioners, which has been made applicable even to the Class IV employees by the decision of this Court in the case of Kiran Namdeo Shinde and Others versus State of Maharashtra and Others1, is under challenge. 2. Learned counsel appearing for the Petitioners would submit that initially the petitions were filed before this Court by some of the Petitioners, who were relegated to the mechanism provided under the Government Resolution dated 3rd October, 2017. He submits 1 In Writ Petition No. 2358 of 2013 and connected Writ Petitions, decided on 21st September, 2013. Jamadar-SL 1 of 3 2026:BHC-KOL:8696-DB 14-WP-15298-2024(C).doc that, however, the Government Resolution dated 3rd October, 2017 will apply in the event of any complaint and, as the issue now stands decided, it is only a question of applicability of the benefit and not its determination. He would further point out that the Regional Deputy Director has directed the Assistant Commissioner to take action at his level, however, no such action has been taken. 3. We have perused the Judgment of this Court in the case of Kiran Namdeo Shinde and Others (supra), where this Court has held that the benefit of the ACPS, which is applicable to the employees of Groups C and D non-teaching staff of the aided private schools in the State under the Government Resolution dated 30th April, 1998, as modified from time to time, will also be available to the non-teaching staff of the same category in the private aided Ashram schools. 4. Pertinently, the appropriate authorities were directed to examine the individual cases of the Petitioners, provided they satisfy the eligibility criteria. Even if there was a specific direction to examine the individual cases of the Petitioners, it was incumbent upon the appropriate authority to extend the benefits of the ACPS to the Petitioners who were identically placed. We do not find any consideration by the Assistant Commissioner, who is the concerned authority to the applications made by the present Petitioners seeking benefit of the ACPS. Jamadar-SL 2 of 3 14-WP-15298-2024(C).doc 5. In light of the settled position in law, the Respondent No.1 is directed to consider the case of the Petitioners and to issue necessary approval for grant of benefits. In the event, the Petitioners are found eligible, grant the benefits. 6. The entire exercise to be carried out by the Respondent No.1 within a period of four weeks from today. 7. The Petition is allowed in the above terms. [NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.] Jamadar-SL 3 of 3