(1) WP 6442.11+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6442 OF 2011 Dattatraya Ramdas Choudhary and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 7429 OF 2011 Narayan Hilal Patil and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. S.R. Barlinge, Advocate for the Petitioners. A.G.P.s for the Respondent-State Mr. S.K. Tambe, A.G.P. (W.P. no. 6442 of 2011) Mr. V.H. Dighe, A.G.P. (W.P. no. 7429 of 2011) ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 28TH SEPTEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. The Petitions are heard finally, by consent. 2. The petitioners are basically aggrieved with the inaction on behalf of the respondents, in not giving them the benefits of the higher pay scale after completion of 12 years service, by not (2) WP 6442.11+ calculating the period of service rendered by the petitioners in non grant-in-aid schools. 3. The issue is no more res-integra in view of the Division Bench judgment of this Court dated 14.09.2000 passed in Writ Petition no. 4346 of 2000. Vide the said judgment, the Division Bench has held that even the services rendered by the teachers in un-aided school is entitled to be taken into consideration for counting of 12 years service. The said judgment has been consistently followed by this Court in various judgments. 4. In that view of the matter, we dispose of these Petitions with the following observations: (I) The management of the respective school, where the petitioners are working, shall sent the proposal/s to the Education Officer/s of the concerned Zilla Parishad/s for giving the benefits of the higher pay scale on account of rendering 12 years service, by calculating the service rendered in the unaided school. (3) WP 6442.11+ (II) After receipt of the proposal/s, from the respective management, the concerned Education Officers of the Zilla Parishad/s shall take appropriate decision thereon and in case the petitioners are found eligible to be entitled to the said benefit, by taking into consideration the services rendered by them in the unaided school, the said benefit will be extended to them, within a period of four (4) months from the receipt of the proposal/s from the management . 5. Rule is made absolute in the above terms. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/