3 wp-1797-2025(c).doc 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 29th 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. Patil-SR 1 of 4 3 wp-1797-2025(c).doc 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 30th 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. Patil-SR 2 of 4 3 wp-1797-2025(c).doc 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 Patil-SR 3 of 4 3 wp-1797-2025(c).doc taken within a period of ten weeks from today. In event, the Petitioners are found to be eligible as per the Government Resolution dated 30th 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.] Patil-SR 4 of 4