(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6276 OF 2010 1. Rajendra s/o. Shriram Mule, Age : 29 years, Occupation : Service, R/o. Nutn Vasahat, Jalna, Taluka and District : Jalna. 2. Dipak s/o. Keshavrao Darade, Age : 33 years, Occupation : Service, R/o. Dhangar Pimpri, Taluka : Ambad, Dist. Jalna. 3. Dipak s/o. Trimbakrao Kshirsagar, Age : 32 years, Occupation : Service, R/o. Hiwara Roshangaon, Taluka & District : Jalna. 4. Hemraj s/o. Umraoji Ramdhan, Age : 33 years, Occupation : Service, R/o. Nimkheda, Taluka : Jafrabad, District : Jalna. 5. Anand s/o. Bhagwan Pandagale, Age : 32 years, Occupation : Service, R/o. Brahmapuri, Taluka : Jafrabad, District : Jalna. (2) 6. Sunil s/o. Karuji Sukhadeve, Age : 32 years, Occupation : Service, R/o. Janefal, Taluka : Jafrabad, District : Jalna. 7. Pravin s/o. Prabhu Kokane, Age : 30 years, Occupation : Service, R/o. Butegaon, Taluka : Badnapur, District : Jalna. 8. Santosh s/o. Tukaram Tarawade, Age : 36 years, Occupation : Service, R/o. Virkheda Bhalke, Taluka : Jafrabad, District : Jalna. 9. Ganesh s/o. Vishnurao Pangarkar, Age : 28 years, Occupation : Service, R/o. At Paregaon, Post : Manegaon, Taluka and District : Jalna. .. Petitioners. versus 1. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai - 32. 2. The Zilla Parishad, Jalna, Through Chief Executive Officer, Jalna. (3) 3. The District Education Officer [Primary], Zilla Parishad, Jalna. .. Respondents. ....................... Mr. G.K. Kshirsagar, Advocate, for the petitioners. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent no.1. Mr. Ajay S. Deshpande, Advocate, for respondent no.3. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 19TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited relief that the petitioners seek is that the respondent nos.2 and 3 be directed to fix the seniority list for promotion to Trained Graduate Teacher on the basis of the date of acquisition of B.Ed. qualification. (4) 3. The issue is no more res integra and is concluded by the judgment of Division Bench of this Court, in the case of Vitthal s/o. Fakruji Madavi & others Vs. Zilla Parishad, Chandrapur & others [2006(2) Mh.L.J. 124]. In the said judgment, the Division Bench has held that the criteria for fixing seniority for grant of higher pay scale would be the date of acquisition of B.Ed. qualification and not entry in service. In that view of the matter, the petition deserves to be allowed. 4. In the result, the petition is allowed. Rule is made absolute in terms of prayer clause "D". However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6276