(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 461 OF 2009 1. Yogiraj s/o. Gangadhar Kumbhar, Age : 29 years, Occupation : Asst. Teacher, Z.P. Primary School, Khamaswadi, Taluka : Kallamb, District : Osmanabad. 2. Navnath s/o. Narayan Tundare, Age : 31 years, Occupation : Asst. Teacher, Z.P. Primary School, Khadki, Taluka : Kallamb, District : Osmanabad. 3. Balasaheb s/o. Babasaheb Chaudhari, Age : 32 years, Occupation : Asst. Teacher, Z.P. Primary School, Adsulwadi, Taluka : Kallamb, District : Osmanabad. 4. Vitthal s/o. Rambhau Mane, Age : 35 years, Occupation : Asst. Teacher, Z.P. Primary School, Borgaon (Dh.), Taluka : Washi, District : Osmanabad. (2) 5. Amol s/o. Chandrakantrao Babhale, Age : 31 years, Occupation : Asst. Teacher, Z.P. Central Primary School, Andora, Taluka : Kallam, District : Osmanabad. 6. Madhav s/o. Babasaheb Mate, Age : 32 years, Occupation : Asst. Teacher, Z.P. Primary School (Boys), Kallamb, Taluka : Kallamb, Dist. Osmanabad. 7. Sanjaykumar s/o. Rajaram Waghmare, Age : 32 years, Occupation : Asst. Teacher, Z.P. High School, Itkur, Taluka : Kallamb, Dist. Osmanabad. 8. Nishikant s/o. Gautam Adsul, Age : 34 years, Occupation : Asst. Teacher, Z.P. Primary School, Sarole (Ma), Taluka : Washi, Dist. Osmanabad. .. Petitioners. versus 1. The State of Maharashtra, Through its Secretary, School Education Department, Government of Maharashtra, Mantralaya, Mumbai-32. 2. Zilla Parishad, Osmanabad, Through its Chief Executive Officer. (3) 3. The Education Officer (Primary), Zilla Parishad, Osmanabad. 4. Kalidas s/o. Mahadeo Lashkare, Age : 43 years, Occupation : Service. 5. Mainabai Babruwan Mule, Age : 40 years, Occupation : Service. 6. Nagnath s/o. Sidram Jalkot, Age : 32 years, Occupation : Service. 7. Prabhakar s/o. Maruti Gandhure, Age : 41 years, Occupation : Service. 8. Jayshree Baburao Giri, Age : 46 years, Occupation : Service. 9. Prakash s/o. Dayanand Gurav, Age : 37 years, Occupation : Service. 10. Achut s/o. Shivaji Koli, Age : 36 years, Occupation : Service. 11. Jemini Dattatraya Bhingare, Age : 36 years, Occupation : Service. 12. Kalyan s/o. Macchindra Betale, Age : 39 years, Occupation : Service. 13. Dattatraya s/o. Balbhim Mali, Age : 35 years, Occupation : Service. (4) 14. Asmatbano Mansurali Inamdar, Age : 36 years, Occupation : Service. 15. Dattatraya s/o. Nagnath Jadhav, Age : 39 years, Occupation : Service. 16. Chaturbhuj s/o. Shrimant Dongare, Age : 37 years, Occupation : Service. 17. Shila Uttam Shinde, Age : 37 years, Occupation : Service. 18. Rajabhau s/o. Pandhari Padwal, Age : 37 years, Occupation : Service. 19. Savita Shivaji Ghante, Age : 39 years, Occupation : Service. 20. Ankush s/o. Anna Sarvade, Age : 40 years, Occupation : Service. 21. Vyankat s/o. Changdeo Bondar, Age : 55 years, Occupation : Service. 22. Vasant s/o. Ambadas Bandgar, Age : 56 years, Occupation : Service. 23. Shivaji s/o. Vasantrao Shingare, Age : 53 years, Occupation : Service. (5) 24. Sunanda Sadhu Avare, Age : 42 years, Occupation : Service. 25. Subhash s/o. Ramlingappa Vairagkar, Age : 38 years, Occupation : Service. 26. Vinayak s/o. Khandu Bondar, Age : 37 years, Occupation : Service. 27. Vandana Shashikant Chavan, Age : 37 years, Occupation : Service. 28. Sanjay s/o. Chandrasen Londhe, Age : 37 years, Occupation : Service. 29. Sudhir s/o. Bhagwanrao Kulkarni, Age : 37 years, Occupation : Service. 30. Shubhangi Kamlakar Tambhare, Age : 36 years, Occupation : Service. 31. Kalinda Keshavrao Mundhe, Age : 36 years, Occupation : Service. 32. Dhananjay s/o. Narayan Wagholikar, Age : 36 years, Occupation : Service. 33. Nagnath s/o. Ganpati Bhandvale, Age : 36 years, Occupation : Service. (6) 34. Basavraj s/o. Mahadeo Mashalkar, Age : 36 years, Occupation : Service. 35. Atul s/o. Sahebrao Patil, Age : 34 years, Occupation : Service. 36. Asha Manohar Thorat, Age : 34 years, Occupation : Service. 37. Vidya Sadashiv Managire, Age : 40 years, Occupation : Service. 38. Kranti Bhagwanrao Kamble, Age : 39 years, Occupation : Service. 39. Bharat s/o. Govardhan Munde, Age : 37 years, Occupation : Service. 40. Dhanaji s/o. Sukhdeo Chaure, Age : 37 years, Occupation : Service. 41. Shivaji s/o. Ganpati Vedpathak, Age : 36 years, Occupation : Service. 42. Bhujrang s/o. Mahadappa Kalshetti, Age : 36 years, Occupation : Service. 43. Shantaram s/o. Ganpati Gaikwad, Age : 35 years, Occupation : Service. (7) 44. Shesherao s/o. Fulchand Chavan, Age : 35 years, Occupation : Service. 45. Sanjay s/o. Rangnath Jagtap, Age : 35 years, Occupation : Service. 46. Balaji s/o. Shivaji Kadam, Age : 36 years, Occupation : Service. 47. Sudhir s/o. Raosaheb Bondar, Age : 36 years, Occupation : Service. 48. Mohan s/o. Pralhad Kamble, Age : 36 years, Occupation : Service. 49. Mahammad Nabilal Pinjari, Age : 36 years, Occupation : Service. 50. Limbaji s/o. Ramrao Bandgar, Age : 37 years, Occupation : Service. 51. Sunil s/o. Ambadas Gade, Age : 37 years, Occupation : Service. 52. Dattatraya s/o. Maruti Rakate, Age : 37 years, Occupation : Service. 53. Mulla Rabbani Ismail, Age : 36 years, Occupation : Service. (8) 54. Santosh s/o. Subhashrao Deshpande, Age : 34 years, Occupation : Service. 55. Prakash s/o. Adinath Deshpande, Age : 40 years, Occupation : Service. 56. Lalita Shesherao Patil, Age : 37 years, Occupation : Service. 57. Danayand s/o. Vitthal Kamble, Age : 35 years, Occupation : Service. 58. Ambadas s/o. Revan Unekar, Age : 35 years, Occupation : Service. 59. Mujawar Nabilal Jilani, Age : 35 years, Occupation : Service. 60. Rajabai Narayan Deshmukh, Age : 34 years, Occupation : Service. 61. Ramchandra s/o. Pundlik Gavali, Age : 47 years, Occupation : Service. 62. Bharat s/o. Shivling Kore, Age : 38 years, Occupation : Service. 63. Suresh s/o. Gorakhnath Ghule, Age : 37 years, Occupation : Service. (9) 64. Madhukar s/o. Satwaji Shinde, Age : 34 years, Occupation : Service. 65. Umesh s/o. Guruling Kurwalkar, Age : 34 years, Occupation : Service. 66. Dattatraya s/o. Ram Mane, Age : 36 years, Occupation : Service. 67. Chandrakant s/o. Shankar Ulekar, Age : 38 years, Occupation : Service. 68. Dashrath s/o. Narsu Mundhe, Age : 40 years, Occupation : Service. All serving in Primary Schools, in Zilla Parishad, Osmanabad, to be served through Respondent No.3. .. Respondents. .......................... Mr. C.K. Shinde, Advocate, for the petitioners. Mr. K.G. Patil, Assistant Government Pleader, for respondent no.1. Mr. K.J. Ghute Patil, Advocate, for respondent nos.2 and 3. .......................... (10) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 24TH AUGUST 2009. COURT'S ORDER (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. Since no order prejudicial to the interest of respondent nos.4 to 68 is being passed, notice upon rule, on the the said respondents is waived. 3. By way of present petition, the petitioners have challenged the order dated 20th October 2008, issued by the respondent no.2, promoting the respondent nos.4 to 68 in the higher pay scale of graduate Trained Teachers. 4. It is the contention of the petitioner, that the respondent nos. 4 to 68 have been granted higher pay scale in contravention of the Government Resolution dated 11th August 1999, and in contravention of the decision taken by the Division Bench of this court, in Writ Petition No. 4772/2004 with companion matters. 5. The respondent no.2 has filed the affidavit in reply. The respondent no.2 has stated in the affidavit, that in view of the judgment and order passed by the Division Bench of this court, dated 21st October 2005, it is necessary to reconsider the decision taken by the Zilla (11) Parishad. In that view of the matter, the petition has served its purpose. 6. In the result, the petition is partly allowed. The respondent no.2 is directed to reconsider the matter and issue fresh orders in consonance with the judgment of the Division Bench of this court, dated 21st October 2005, within a period of three months from today. 7. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp461