1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1485 OF 2010 1. Sanjay s/o Shantaram Patil, Age 47 years, Occu. Service, R/o Near Ganpati Mandir, Chopda, District Jalgaon. 2. Ashok s/o Babanrao Sonwane, Age 40 years, Occu. Service, R/o Shinde Wada, Chopda, District Jalgaon. 3. Vijay s/o Dattatraya Sonwane, Age 38 years, Occu. Service, R/o Hated, Tq. Chopda, District Jalgaon 4. Ramesh s/o Naval Borse, Age 46 years, Occu. Service, R/o Dupe (Bk.), Tq. Chopda, District Jalgaon. 5. Nabi Kha Bismila Kha, Age 43 years, Occu. Srvice, R/o Near Ubha Maroti, B.K. Road, Chopda, Tq. Chopda, District Jalgaon ... PETITIONERS VERSUS 1. The Sate of Maharashtra through Education and Employment Department, Mantralaya, Mumbai – 32. (Copy to be served on the Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Education Officer (Secondary), Zilla Parishad, Jalgaon. 2 3. The Accounts Officer, Education Department (Secondary), Zilla Parishad, Jalgaon. ... RESPONDENTS ..... Shri B.S. Deokar, Advocate for the petitioners Mrs. A.V. Gondhalekar, A.G.P. for respondents ..... W I T H WRIT PETITION NO.6010 OF 2010 Rajesh s/o Sukhdeo Patil, Age 46 years, Occu. Service, R/o Renuka Nagar, Wadi Bhokar Road, Deopur, Dhule. ... PETITIONER VERSUS 1. The State of Maharashtra, through Education and Employment Department, Mantralaya, Mumbai – 32 (Copy to be served on Govt. Pleader, High Court of Bombay, Bench at aurangabad) 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. ... RESPONDENTS ..... Shri A.D. Pawar, Advocate for the petitioner Shri K.J. Ghute Patil, A.G.P. for respondents ..... W I T H WRIT PETITION NO.6829 OF 2010 3 Avinash s/o Madhav Kulkarni, Age 50 years, Occu. Service, R/o Martand Niwas, Brahmin Galli, Jamner, Tq. Jamner, District Jalgaon ... PETITIONER VERSUS 1. The State of Maharashtra, through Education and Employment Department, Mantralaya, Mumbai – 32 (Copy to be served on Govt. Pleader, High Court of Bombay, Bench at aurangabad) 2. The Education Officer (Secondary), Zilla Parishad, Jalgaon. 3. The Accounts Officer, Education Department (Secondary), Zilla Parishad, Jalgaon. ... RESPONDENTS ..... Shri A.D. Pawar, Advocate for the petitioner Shri K.J. Ghute Patil, A.G.P. for respondents ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 30th July, 2010 ORAL JUDGMENT (PER N.D. DESHPANDE, J.): 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission and are being decided by this common judgment since the reliefs claimed in these petitions are similar. 4 2. The petitioners in all these petitions pray for issuance of writ directing the respondents to grant time bound promotion on higher pay scale in favour of the petitioners immediately upon petitioners completing 12 years qualifying service from the date of their initial appointments and grant all other consequential benefits which might have granted to them. The petitioners further pray for directing the respondents to re-fix the pay scale of the petitioners in the light of the judgment of this Court in Writ Petition No.4346/2000 and Writ Petition No.3157/2005 and other connected matters. 3. The petitioners in Writ Petition No.1485/2010 are working as non-teaching staff in Madhyamik Vidyalaya, Chopda, District Jalgaon. The petitioner No.1 is appointed as Clerk appointed on 17.6.1995, the petitioner No.2 is appointed as Peon on 1.6.1991 and promoted as Laboratory Attendant on 11.9.1997, the petitioner No.3 is appointed as Peon on 12.6.1995 – promoted as Naik on 11.9.1997, the petitioner No.4 is appointed as Peon on 21.12.1996 and petitioner No.5 is appointed as Peon on 21.12.1996. All these appointments have been approved by the competent authority. According to the petitioners, as per Government Resolution dated 2.9.1989, they are entitled to receive the time bound promotion or higher pay scale immediately after completing their 12 years qualifying service from the date of their initial appointments. 5 4. The petitioner in Writ Petition No.6010/2010 is working as Assistant teacher (Higher Secondary) in Abhay Yuva Kalyan Kendra Sanchalit, Secondary and Higher Secondary School, Dhule. He was appointed on 20.6.1991 in the said school which started from 1990-91 but received 100% grant-in-aid from 1997-98. The petitioner’s appointment also has been approved by the competent authority from the date of his initial appointment. The petitioner has contended that as per Government Resolution dated 2.9.1989, he is entitled to receive the higher pay scale immediately after completing his 12 years qualifying service from his initial date of appointment. 5. The petitioner in Writ Petition No.6829/2010 is working as Junior Clerk in Jamner Taluka Education Society, Jamner Sanchalit New English School, Fattepur, District Jalgaon. He was appointed on 1.7.1987 in New English School, Maldabhadi, run by the same management. The said school started from the year 1985 but received 100% grant-in-aid from March 1991-92. The petitioner earlier rendered his services in New English School, Maldabhadi and was then transferred to New English School, Fattepur in the year 2000. 6. The petitioner contended that as per Government resolution dated 2.9.1989, he is entitled to receive the time bound promotion or higher pay scale immediately after completing his 12 years qualifying service from his initial date of appointment. 6 7. We have heard the learned counsel for the parties. In all these three petitions, it would suffice to state that the challenge raised therein are similar to the challenge raised in a group of petitions namely Writ Petition No.6756/2008 (Dattatraya Ramchandra Chaudhari and others Vs. The State of Maharashtra and others), which came to be decided by the Division Bench of this Court, by judgment dated 21.4.2009. Therefore, we may at this juncture advert to paragraph Nos.4 and 5 of the said judgment which read as under : “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 23.7.1998 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. 5. With these observations we direct the respondents to consider the claims of all the petitioners for “Time Bound Promotion” at an early date in accordance with the Government Resolutions applicable, which are referred herein above. In any case the petitioners should know the result on or before 30th June 2009. We direct the respondents to ensure that financial benefits, to which the petitioners 7 will be entitled to, should be available to them latest with their July salary to be paid in August 2009. Save and except these directions, writ petition disposed of.” 8. The same view is also further taken by Division Bench of this Court while disposing of Writ Petition No.3295/2010 and similar writ petition by common judgment dated 13.7.2010. 9. Undisputedly, the petitioners are working as non-teaching employees, working in various private schools. The Division Bench in no uncertain terms has held that the employees who are non-teaching staff would also be entitled to the benefit of time bound promotion scale. The Division Bench has further directed that the services of 12 years is to be reckoned from the date of the employee joining the service and not from the date when the school is brought on grantable basis. Learned counsel for the parties agreed that the controversy in the present petitions stand fully answered by the judgment of the Division Bench in Writ Petition No.6756/2008 (Dattatraya Ramchandra Chaudhari and others Vs. The State of Maharashtr and Others). In that light of the matter, therefore, we allow these petitions and direct that the petitioners would be entitled for time bound promotion scale as promulgated in Government Resolution dated 23.7.1998 and Government resolution dated 28.11.2006 and the service of 12 years is to be reckoned from the petitioners joining the particular cadre and 8 not from the date the school is brought on grantable basis. 10. We, therefore, direct the respondents to consider the claims of the petitioners for time bound promotion, in accordance with law and to grant them said benefit and other consequential benefits flowing therefrom, if the petitioners are otherwise eligible. If the petitioners are found to be eligible to be granted benefit of time bound promotion, same be extended to them as expeditiously as possible. 11. Rule made absolute on the above terms with no order as to costs. 12. Accordingly, all three writ petitions are disposed of by this common judgment. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.) Authenticated copy ( F.M. Pathan ) Private Secretary