wp8819.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8819 OF 2010 Rajendra Nagraj Kapure age 48 years, occ. service r/o Datta Colony, Somawal, Tq. Taloda, Dist. Nandurbar. .. PETITIONER VERSUS 1 The State of Maharashtra Through Secretary School Education Department Mantralaya, Mumbai – 32. 2 The Senior Auditor Zilla Parishad (Secondary) Nandurbar, Dist. Nandurbar 3 Education Officer (Secondary) Zilla Parishad, Nandurbar Dist. Nandurbar. 4 Dudhabai Padavi Madhyamik Vidyalay Somawal, TQ. Taloda, Dist. Nandurbar Through its Head Master. .. RESPONDENTS Mr. S.P. Brahme, advocate for the petitioner. Mr. K.G. Patil, AGP for the State. Mr. Shrimant Mundhe, advocate for respondent no. 4. ===== CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 14 th DECEMBER, 2010 wp8819.10 2 ORAL JUDGMENT : ( PER B.R. GAVAI, J.) 1 Rule. Rule made returnable forthwith. Heard by consent. 2 Petitioner has filed present petition for direction to the respondents for confirming senior grade scale in view of policy of the State Government for giving the same in lieu of promotion on completion of 12 years of service. 3 It is the contention of the respondents, as could be seen from the affidavit in reply that only the service rendered by the petitioner after the school was brought on grant-in-aid basis can be counted for determining as to whether he has put in 12 years of qualifying service or not. 4 This court in Writ Petition no. 6756/2008 alongwith companion matters vide judgment and order dt. 21 st April, 2009, relying on the earlier judgment passed by this court has held thus :- 4 We, therefore, dispose of the writ petitions by recording two observations at the cost of repetition – (1) Even non teaching staff of private schools is entitled to benefit of “Time Bound Promotion” as promulgated in Grs dated 23.07.1998 and 28.11.2006 and (2) Completion of 12 years service is to be reckoned from the individual joining in the particular cadre. The serves need not bee reckoned wp8819.10 3 from the date school is brought on grantable basis. 5 In that view of the matter, we allow the petition directing the respondents to make applicable the benefits of the Government Resolution dated 23-7-1998 in accordance with what has been held herein above. The same shall be made applicable within a period of three months from today. The arrears, if any, shall be paid within a period of six months from today. Rule made absolute. ( R. M. BORDE ) ( B. R. GAVAI ) JUDGE JUDGE dyb