(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6458 OF 2010 Rajendrakumar s/o. Amarchand Jain, Age : 43 years, Occupation : Service, R/o. Kashiram Nagar, Vakil Colony, Shirpur, Taluka : Shirpur, District : Dhule. .. Petitioner. versus 1. The State of Maharashtra, Through Education and Employment Department, Mantralaya, Mumbai - 32. 2. The Deputy Director of Education, Nashik Division, Nashik. 3. The Education Officer, Zilla Parishad, Dhule. 4. The Accounts Officer, Education Department, Zilla Parishad, Dhule. 5. Principal, R.C. Patel Madhyamik Vidyalaya, Shirpur, District : Dhule. .. Respondents. ....................... (2) Mr. Ajay D. Pawar, Advocate, for the petitioner. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 to 4. ........................ CORAM : MOHIT S. SHAH, CJ. & S.V. GANGAPURWALA, J. DATE : 26TH AUGUST 2010 ORAL JUDGMENT (Per Chief Justice) : 1. Rule. Rule made returnable forthwith by consent of the learned Counsel appearing for the parties. 2. Leave to add Principal,R.C. Patel Madhyamik Vidyalaya, Shirpur, District : Dhule, as party - respondent no.5. 3. Since no order adverse to the interest of respondent no.5 is being passed, the Court does not consider it necessary to issue notice, upon rule, to the respondent no.5. 4. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondents, to grant higher pay scale to the petitioner, with effect from the date of completion of 12 years qualifying service, on the basis that the petitioner has already completed 12 years (3) qualifying service from the date of his initial appointment. 5. It appears that the petitioner is working as Laboratory Assistant in the respondent no.5 - R.C. Patel Madhyamik Vidyalaya, Shirpur (District : Dhule). It is the petitioner's case, that the proposal sent by the said school, to the respondent no.3 - Education Officer, Zilla Parishad, Dhule, for granting higher pay scale to the petitioner, was not accepted by the respondent no.3. 6. The learned Counsel appearing for the petitioner has strongly urged that the petitioner is entitled to get higher pay scale upon completion of 12 years qualifying service, and in support of the said contention, reliance is placed on the decision of Division Bench of this Court, dated 21st April 2009, in Writ Petition No. 6756/2008 and companion matters, wherein this Court has held as under : " We, therefore, dispose of the writ petitions by recording two observations at the cost of repetition - (i) Even non-teaching staff of private schools is entitled to benefit of "Time Bound Promotion" as promulgated in G.Rs. dated 23-7-1998 and 28-11-2006 and (2) Completion of 12 years service is to be reckoned from the individual joining in the particular cadre. The services need not be reckoned from the date school is brought on grantable basis. " 7. The learned Assistant Government Pleader appearing (4) for respondent nos.1 to 4 has submitted that in view of the aforesaid decision of this Court, the respondents will abide the orders of this Court. 8. In the result, we allow the petition and direct the respondents, to consider the petitioner's case for grant of higher pay scale on completion of 12 years qualifying service, on the basis of aforesaid decision dated 21st April 2009. For that purpose, the respondent no.5 - R.C. Patel Madhyamik Vidyalaya, Shirpur (District : Dhule), shall send the proposal to the respondent no.3 and the respondent no.3 and other respondents shall consider the proposal in the light of the aforesaid directions. The said exercise shall be completed within a period of two months from the date of receipt of proposal from the respondent no.5. 9. Rule is made absolute in the above terms. However, there shall be no order as to costs. (S.V. GANGAPURWALA ) (MOHIT S. SHAH) JUDGE CHIEF JUSTICE ......................... Puranik (PS) bgp/wp6458