{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5163 OF 2009 01. Chunilal Shivaji Shelar R/o At Post Nagari Colony, Sakri, Tq-Sakri, Dist-Dhule 02. Sopan Vishnu Biradi R/o At Post Ambaji Nagar Plot No.137, Deopur Dhule 03. Nimbaji Gobji Nandre R/o Amkhel, Tq-Sakri Dist-Dhule 04. Surendra Balu Vispute R/o Amkhel, Tq-Sakri Dist-Dhule 05. Shaikh Aliman Shaikh Lukman R/o Amkhel, Tq-Sakri Dist-Dhule 06. Rohidas Housha Pawar R/o Nizampur, Tq-Sakri Dist-Dhule 07. Smt.Sarla Sonu Shimpi R/o Nizampur, Tq-Sakri Dist-Dhule 08. Shantaram Bhaidas Chaudhari R/o Kalamsare, Tq-Shirpur Dist-Dhule 09. Bhattu Pundlik Patil R/o New Plot Nardhana Tq-Shindkheda, Dist-Dhule 10. Kashinath Bansilal Chaudhari {2} R/o Bhonde, Tq-Sakri Dist-Dhule 11. Vijay Pundlik Sable R/o Aichale, Tq-Sakri Dist-Dhule 12. Satilal Bhata Desale R/o Malich, Post-Gorane Tq-Shindkheda, Dist-Dhule 13. Dhanraj Santosh Desale R/o Malich, Post-Gorane Tq-Shindkheda, Dist-Dhule 14. Suresh Narayan Marathe R/o Desh Shirdhane, Tq-Sakri Dist-Dhule PETITIONERS VERSUS 01. The State of Maharashtra Through Education & Employment Department, Mantralaya, Mumbai 02. The Education Officer (Secondary) Zilla Parishad, Dhule 03. The Accounts Officer, Education Department (Secondary) Zilla Parishad, Dhule RESPONDENTS WITH WRIT PETITION NO.5280 OF 2009 01. Vijay Yashwant Patil R/o Kalpavruksha, Near Post Office Erandol, Tq-Erandol, Dist-Jalgaon 02. Nandlal Damodhar Bhavsar R/o Vikharan, Tq-Erandol Dist-Jalgaon {3} 03. Vasudeo Indha Chaudhari, R/o Vikharan, Tq-Erandol Dist-Jalgaon 04. Ravindra Sitaram Ahire R/o Vikharan, Tq-Erandol Dist-Jalgaon 05. Sanjay Pandurang Desale R/o Vikharan, Tq-Erandol Dist-Jalgaon 06. Somlal Bajirao Pawar R/o Vikharan, Tq-Erandol Dist-Jalgaon 07. Walmik Waoba Patil, R/o Khajola Tq-Pachora, Dist-Jalgaon 08. Sanjay Baburao More R/o Nagardeola, Tq-Pachora, Dist-Jalgaon 09. Anil Kashinath Patil R/o Toli, Tq-Parola, Dist-Jalgaon 10. Dnyaneshwar Laxman Patil R/o Deogoan, Tq-Parola Dist-Jalgaon 11. Shashikant Bhagwatrao Deshmukh R/o Adawad, Tq-Chopda Dist-Jalgoan 12. Himmat Nago Mahajan R/o Adawad, Tq-Chopda Dist-Jalgoan 13. Prakash Chimanrao Deshmukh R/o Adawad, Tq-Chopda Dist-Jalgoan {4} 14. Girish Dodhu Rane R/o Chinawal, Tq-Raver Dist-Jalgaon 15. Milind Digambar Bharambe R/o Kumbharkhede, Tq-Raver Dist-Jalgoan 16. Kukari Shaikh Muktar Shaikh Gulab R/o Jawahar Housing Society Baherpura, Pachora, Dist-Jalgaon 17. Sayed Nafees Sayed Imam R/o Athwade Bazar, Baherpura Pachora, Dist-Jalgaon 18. Shaikh Yaqoob Shaikh Ayyub R/o Juna Kasariwada, Hussaini Chowk Pachora, Dist-Jalgoan 19. Shriram Shankar Patil R/o Shrikrushna Nagar Kasoda, Tq-Erandol, Dist-Jalgaon 20. Smt.Sumanbai Laxman Waji R/o Sudhakar Nagar, Kasoda Tq-Erandol, Dist-Jalgaon 21. Himmatrao Bhaidas Patil R/o Nandra (BK) Tq & Dist-Jalgaon 22. Narendra Anandrao Patil R/o Near Water Tank, Dharangaon, Dist-Jalgaon 23. Bharat Bhimrao Patil R/o Plot No.47, Hedgewar Nagar Dharangaon, Dist-Jalgaon 24. Sow Chandrakala Ashok Jain R/o Jain Galli, Dharangaon Dist-Jalgaon {5} 25. Dnyaneshwar Tulshiram Chaudhari R/o Kumbharwada, Dharangaon Dist-Jalgaon 26. Nanabhau Hilal Nikam R/o Pimpri (Bk) Via Khasgaon Tq-Pachora, Dist-Jalgaon 27. Bhaskar Murlidhar Patil R/o Pimpri (Bk) Via Khasgaon Tq-Pachora, Dist-Jalgaon 28. Sanjay Jagannath Patil R/o Pimpri (Bk) Via Khasgaon Tq-Pachora, Dist-Jalgaon 29. Nimbaji Sahebrao Wagh R/o Vikhran, Tq-Erandol, Dist-Jalgaon 30. Ravindra Nilkanth Nikam R/o Tandulwadi, Tq-Bhadgaon, Dist-Jalgaon 31. Pandurang Ragho Patil R/o Tandulwadi, Tq-Bhadgaon, Dist-Jalgaon 32. Bhalchandra Madku Saundane R/o Kharde, Tq-Dharangaon Dist-Jalgaon 33. Nitin Laxman Wani R/o Gujrathi Galli, Dharangaon Dist-Jalgoan 34. Sudam Bhagchand Chaudhari R/o Chintaman Morya Nagar PETITIONERS VERSUS 01. The State of Maharashtra Through Education & Employment Department, Mantralaya, Mumbai {6} 02. The Education Officer (Secondary) Zilla Parishad, Jalgaon 03. The Accounts Officer, Education Department (Secondary) Zilla Parishad, Jalgaon RESPONDENTS WITH WRIT PETITION NO.5337 OF 2009 01. Himmat Sampat Patil R/o Kasoda, Tq-Erandol Dist-Jalgaon 02. Sudhakar Murlidhar Patil R/o Kasoda, Tq-Erandol Dist-Jalgaon 03. Kamlakar Asaram Patil R/o Mamalde, Tq-Chopda Dist-Jalgaon 04. Chunilal Shamrao Patil R/o Mamalde, Tq-Chopda Dist-Jalgaon 05. Nitin Tukaram Badgujar R/o Beedgaon, Tq-Chopda Dist-Jalgaon 06. Raju Bhagwan Salunke R/o Beedgaon, Tq-Chopda Dist-Jalgaon 07. Mubarak Subhan Tadvi R/o Beedgaon, Tq-Chopda Dist-Jalgaon 08. Ashok Bhaskar Badgujar R/o Beedgaon, Tq-Chopda Dist-Jalgaon 09. Ramesh Bhila Jadhav R/o Waghoda, Tq-Chopda {7} Dist-Jalgaon 10. Ramesh Yashwant Nikam R/o Deogaon, Tq-Parola Dist-Jalgaon 11. Shaikh Mohd. Jafar Abu Saeed R/o Adawad, Tq-Chopda Dist-Jalgaon 12. Shaikh Nisar Shaikh Ramzan R/o Adawad, Tq-Chopda Dist-Jalgaon 13. Ishwar Arvind Patil R/o Phapore, Tq-Amalner Dist-Jalgaon PETITIONERS VERSUS 01. The State of Maharashtra Through Education & Employment Department, Mantralaya, Mumbai 02. The Education Officer (Secondary) Zilla Parishad, Jalgaon 03. The Accounts Officer, Education Department (Secondary) Zilla Parishad, Jalgaon RESPONDENTS WITH WRIT PETITION NO.5540 OF 2009 01. Sanju Rathunath Girase R/o Bahyane, Tq & Dist-Nandurbar 02. Gajendra Chandrasingh Rajput R/o Bahyane, Tq & Dist-Nandurbar 03. Jaydeo Tarya Bhil R/o Bahyane, Tq & Dist-Nandurbar 04. Dashrath Sadu Kuwar {8} R/o Hari Om Nagar Plot No.5-A, Nandurbar 05. Piran Gontu Patil R/o Bhaler, Tq & Dist-Nandurbar 06. Ashok Newaba Patil R/o Asane Post-Nehali Tq & Dist-Nandurbar 07. Rupchand Kalu Patil, R/o Asane Post-Nehali Tq & Dist-Nandurbar 08. Dadabhai Dagdu Patil R/o Asane Post-Nehali Tq & Dist-Nandurbar 09. Sakharam Ukhadu Naik R/o Asane Post-Nehali Tq & Dist-Nandurbar 10. Kisan Kautak Patil R/o Asane Post-Nehali Tq & Dist-Nandurbar PETITIONERS VERSUS 01. The State of Maharashtra Through Education & Employment Department, Mantralaya, Mumbai 02. The Education Officer (Secondary) Zilla Parishad, Nandurbar 03. The Accounts Officer, Education Department (Secondary) Zilla Parishad, Nandurbar RESPONDENTS ....... Mr.Ajay D.Pawar, Advocate for petitioners Mr.N.N.Jadhav, AGP for respondent / State ....... {9} [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 10 th September 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. As these petitions are filed on same set of facts and common question of law is involved in these petitions, these petitions are being disposed of by this common judgment. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties these petitions are heard finally at the stage of admission. 03. By these petitions, under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ of mandamus directing the respondents to grant time bound promotion or higher pay scale, immediately after completion of 12 years qualifying service from the date of their initial appointments and for all consequential benefits. The petitioners have also prayed for directions to respondents to re-fix their pay scales in the light of judgment dated 14.09.2009 in W.P. No. 4346/2000 and various writ petitions. 04. The petitioners are working as non teaching employees in various private schools in Dhule, Nandurbar and Jalgaon districts. It is the grievance of the petitioners that as per Government Resolution dated 02.09.1989 the petitioners are entitled to receive “time bound promotion” or higher pay scale, immediately after completing 12 years qualifying service from the date of their initial appointments. It is contended that {10} the Accounts Officers from Education Department, from respective Zilla Parishads, have held that in order to be eligible for time bound promotion or higher pay scale, 12 years qualifying service should be from the date on which the school was brought on grant in aid basis. As per the Accounts Officers, the petitioners are not entitled to receive time bound promotions or higher pay scale immediately after they complete 12 years of qualifying service. As against this, it is the contention of the petitioners that the petitioners are entitled for time bound promotion or higher pay scale immediately after they completed 12 years qualifying service from the date of their initial appointments. According to the petitioners, the Accounts Officers have not construed true meaning of the GR dated 02.09.1989, as interpreted and construed in various judgments by this Court. Division Bench of this Court in group of Writ Petitions disapproved the construction sought to be put upon the GR dated 02.09.1989. It is contended that the State Government had issued further GR on 28.11.2006 for the purpose of counting service rendered in non aided schools while granting time bound promotion and higher pay scale. This resolution is also considered in the writ petitions, referred supra, directing the respondents to consider the claims of the petitioners as per GR dated 28.11.2006. 5. In response to notice, the respondents appeared and filed affidavit in reply in writ petition No.5163/2009, which is adopted by the respondents in other writ petitions. The respondents have contended that as per GR dated 02.09.1989, the State Government has introduced revised pay scale to the teaching and non teaching staff in non government schools. It is also contended that as scheme of 3 tire pay scale is made applicable only to the aided private schools, the 12 years {11} qualifying service should only be in aided schools. It is also contended that in view of what is stated in GR dated 30.04.1998, it is clear that counting of 12 years service should be from recognized and aided schools only. Service rendered in unaided schools should not be counted for time bound promotion. It is contended that the petitioners are entitled for senior scales only after completion of 12 years service from the date the school started receiving grants. 6. Heard learned counsel for the parties. 7. The norms for counting qualifying service, for being eligible for time bound promotion or higher pay scale, are now settled in various legal pronouncements. Learned counsel for petitioners states that in view of the statement made in the affidavit in reply, the petitioners will satisfy the respondents by submitting their proposals in respect of revision of pay scale. In the light of that statement, therefore, we allow these writ petitions and direct the petitioners to submit proposals in respect of revision of pay, within a period of one month from today. We also direct the respondents to decide the said proposals, on receipt of the same, within a period of 5 months, thereafter, in accordance with law. We, however, clarify that the respondents should not be influenced by the observations made by us while disposing of these petitions. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5163-09