(1) WP 5060.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5060 OF 2011 Deelip Hari Bhamare and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. N. L. Choudhari, Advocate for the Petitioners. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. A.G. Magre, Advocate for respondent nos. 5 and 6. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 27TH SEPTEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. The Petition is heard finally, by consent. 2. The petitioners are basically aggrieved by order dated 20.12.2010 passed by the respondent no.4, thereby rejecting the proposal giving the benefits of higher pay scale after completion of 12 years service, by calculating the period of service rendered by them in un-aided school, on the ground that the petitioners' services in the unaided school cannot taken into consideration for grant of the said benefits. (2) WP 5060.2011 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 non-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 allow the Petition, by quashing and setting aside the impugned order dated 20.12.2010, with the following observations: (I) The management of the school, where the petitioners are working, shall sent the proposal/s to the Education Officer 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 5060.2011 (II) After receipt of the proposal/s, from the management, the concerned Education Officer/s 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 from the management . 5. Rule is made absolute in the above terms. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/