JUDGMENT : Vaibhavi D. Nanavati, J. 1. Issue RULE, returnable forthwith. Ms. Suman Motla, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent no.1 – State and Mr. H.S. Munshaw, learned advocate waives service of Rule for and on behalf of the respondent no.2. 2. As common issues are involved, in both these petitions, both petitions are being heard together and the common order is passed. The facts are taken from the Special Civil Application No. 6260 of 2020. 3. By way of the present petition, petitioner has prayed for the following reliefs: “(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to consider the earlier service rendered by petitioner in Ashram-shala as continuous service and to count the same and to grant benefits of 1st Higher Pay-Scale from 14.06.2002 instead of Year 2009 to the petitioner and to grant other consequential benefits accordingly with interest; (B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondents to consider the case of the petitioner for granting the benefits of 1st Higher Pay-Scale from 14.06.2002 and other consequential benefits accordingly with interest; (C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.” 3.1. Briefly stated that the petitioner came to be appointed as a Teacher on 14.06.1993 in Ashramshala at Pendha, Tal.: Dharampur, till 03.04.2000, with the salary of Rs.1200/-. The said Ashramshala was run by Dharampur Taluka Adivasi Yuvak Mandal and Ashramshala was a grant-in-aid institution, receiving grant from respondent – State. It is the case of the petitioner that, vide resolution dated 23.08.1973, the State Government has resolved that the Primary Teachers, working in Ashramshala be given lien for absorption in the school, being run and controlled by the District Primary Education Committee. The petitioner made an application and thereafter, in pursuant to the same, came to be appointed as a Teacher by way of absorption in Rabda Main Primary School, on 04.04.2000. 3.2. The petitioner made an application and thereafter, in pursuant to the same, came to be appointed as a Teacher by way of absorption in Rabda Main Primary School, on 04.04.2000. 3.2. It is the case of the petitioner that, in view of the policy of the State Government, the petitioner herein is entitled to the 1st higher pay scale, w.e.f. 14.06.2002, i.e. upon completion of 9 years of service and 2nd higher pay scale, upon completion of 20 years of service. The Local Fund Auditor of the respondent authority observed that the period for which the employees worked in Ashramshala is not required to be considered for consideration of the 1st higher pay scale. Considering the date of appointment of the petitioner with the District Panchayat, as 05.04.2000, the petitioner was granted 1st higher pay scale from 14.06.2009. Being aggrieved by the aforesaid, petitioner has approached this Court and has prayed for the reliefs as referred herein-above. 3.3. The present petitioner and other employees had filed Special Civil Application No. 2701 of 2017 and allied matters, whereby, the subject matter of challenge was recovery of the 1st higher pay scale in the year 2006-2007, which came to be dismissed, as the said challenge, having been made after a lapse of 10 years. However, considering the change of policy in the interregnum period, the petitioners will not be entitled for any interest, if at all the authority allows it considering their application. 4.1. Mr. Shakti S. Jadeja, learned advocate appearing for the petitioner placed reliance on the grounds raised in the petition and submitted that the petitioner herein is having requisite qualification of P.T.C. and was appointed as a Teacher on 14.06.1993. Further, reiterated the facts as referred herein- above and submitted that vide resolution dated 23.08.1973, the State Government resolved that the Primary Teachers working in Ashramshala be given lien for absorption in school, being run and controlled by the District Primary Education Committee. It is submitted that the petitioner made an application to respondent no.2 for the lien and absorption in primary school, which are run and controlled by the respondent no.2. It is submitted that the petitioner made an application to respondent no.2 for the lien and absorption in primary school, which are run and controlled by the respondent no.2. The interview was held before the interview selection committee of the respondent no.2 and after the said interview, the decision was taken and accordingly, the petitioner was granted lien in Rabda Main Primary School, Taluka: Valsad, vide order dated 03.04.2000, the said order is duly produced at Annexure-B. 4.2. It is submitted that the petitioner herein came to be absorbed as Teacher in Rabda Main Primary School and the petitioner was appointed on 04.04.2000. As the petitioner was not having any promotional avenues, the petitioner is entitled for benefits of the 1st higher pay scale, w.e.f. 14.06.2002, i.e. after completion of 9 years of service as Primary Teacher and subsequently, on completion of 20 years of service as Primary Teacher, the petitioner is entitled for the benefit of 2nd higher pay scale. It is submitted that the respondent – State is estopped from refusing to grant the aforesaid benefit to the petitioner. 4.3. It is submitted that, the Local Fund Auditor has erred in not considering the petitioner for 1st higher pay scale, w.e.f. 14.06.2002 instead of the year 2009. It is submitted that the said amount was erroneously recovered from the petitioner. 4.4. Reliance is placed on the order passed by the High Court in Special Civil Application No. 10759 of 2020 dated 02.07.2021, wherein, in an identical issue, the Court considered the government resolution dated 23.08.1973, wherein, it was held that, where a teacher is recruited in service of the Ashram School, he should be allowed to have lien in the service in the respective District Education Committee, under the Panchayat and the service of such teacher is to be counted fully in service of the selection by the Staff Selection Committee of the respective District Panchayats. It is submitted that, petitioner herein is identically placed and in view thereof, the petitioner is entitled to the benefit of the government resolution dated 23.08.1973. 5.1. Ms. Suman Motla, learned Assistant Government Pleader appearing for the respondent – State submitted that the prayers as prayed for in present petition may not be granted. It is submitted that, petitioner herein is identically placed and in view thereof, the petitioner is entitled to the benefit of the government resolution dated 23.08.1973. 5.1. Ms. Suman Motla, learned Assistant Government Pleader appearing for the respondent – State submitted that the prayers as prayed for in present petition may not be granted. It is submitted that, the Local Fund Auditor has rightly raised objection and in view thereof, the petitioner herein is granted the higher pay scale, in the year 2009, considering the petitioner’s initial date of appointment as 04.04.2000 and no error can be said to have been committed by the respondent authority in passing the impugned order. 6. Having heard the learned advocates appearing for the respective parties, on perusal of the record and the facts being undisputed, it is apposite to refer to the government resolution dated 23.08.1973, wherein, relevant portion of the said G.R., reads thus: “…. Government has carefully considered this question and has decided that such of the teacher employed in the Ashram Schools run by the voluntary Agencies who fulfill the prescribed qualifications and experience for primary teachers of the District Education Committee under the Panchayat and who were within the age prescribed Primary teachers in the day of their recruitment in the service of the Ashram Schools should be allowed to have their lien in the services of respective District Education Committee under the Panchayat and the service of such teachers should count fully in the services of the selection by the Staff Selection Committee of the respective district panchayat. Only those teachers of Ashram Schools who will be selected by the Staff Selection 'Committee of the District Education Committee will also be eligible for having their lien in the service the District Education Committee. In the services of the District Education Committee. Those of the teachers who will be selected by the "District Education Committee for absorption their services will normally continue in the Ashram schools and will not be allowed to joint schools of the District Education Committee unless either the Ashram Schools are closed or they have put in at least five years in the Ashram Schools. Those of the teachers who will be selected by the "District Education Committee for absorption their services will normally continue in the Ashram schools and will not be allowed to joint schools of the District Education Committee unless either the Ashram Schools are closed or they have put in at least five years in the Ashram Schools. The absorbed teachers should surrender the amount of provident Fund together with the management liabilities if any including interest accused there and lying at their credit to the concerned District Education Committee and these committees in return should pay, the amount of pension to the teachers according to rules after their retirement. This issues in consultation with the General Administrative Department dated 19/6/1973 and Panchayat and Health Department, dated 14/8/1972 on this Department files of even number….” 7. In the facts of the present case, the petitioner came to be absorbed by the District Education Committee in the Rabda Main Primary School, Tal.: Valsad vide order dated 03.04.2000, and was granted lien, which is duly produced at Annexure-B. 8. At this stage, it is apposite to refer to the order dated 02.07.2021 passed in Special Civil Application No. 10759 of 2020, wherein, relevant paras-5 to 8 reads thus: “[5] The Court has heard learned advocates for the parties and perused the documents placed on record. The petitioner was appointed as Assistant Teacher in Ashram School after following due process of law in the regular pay scale with the trust which was 100% Grant-in-Aid Trust. The petitioner was originally appointed as Assistant Teacher at Ashramshala of Private Management which was 100% Grant-in-Aid. Apparently, the petitioner has been continuously in service and never left the service. The Government Resolution dated 23.08.1973 provides that where teacher is recruited in service of the Ashram School, he should be allowed to have lien in the service in the respective District Education Committee under the Panchayat and the service of such teacher is to be counted fully in service of the selection by the Staff Selection Committee of respective District Panchayats. Even the communication dated 19.01.2013, the Education Department has communicated to the District Primary Education Officer as under:- “List of 12 teachers is appended herewith. Concerned teachers of the residential schools in the list hold required educational and apprentice qualification and their appointments are made in the respective school before 08/12/1999. Even the communication dated 19.01.2013, the Education Department has communicated to the District Primary Education Officer as under:- “List of 12 teachers is appended herewith. Concerned teachers of the residential schools in the list hold required educational and apprentice qualification and their appointments are made in the respective school before 08/12/1999. As per the resolution dated 23/08/1973 of the Education Department and as per the Interim Oral (Common) Order dated 28/12/2005 in Sp.C.A. No.23626/2005 with Sp.C.A. No.9134/2005 of the Hon'ble High Court, the service rendered at Residential School is required to be counted continuous with the service rendered at the concerned education committee togetherwith lien of primary teacher as per the resolution dated 23/08/1973 of the Education Department. Accordingly, pass orders immediately to accommodate them in the District Education Committee without following any procedure of selection subject to the final order in Sp.C.A. No.23626/2005 with Sp.C.A. No.9134/2005 of the Hon'ble High Court and inform this office.” [6] Over and above the aforesaid, it is also pertinent to reproduce the directions given in case of the very petitioner in earlier order dated 02.08.2018 in Special Civil Application No.,10753 of 2018, which read as under:- 4. As seen above, the grievance raised in this petition are two fold. First is that the petitioners are deprived of being granted 1st , 2nd and 3rd higher pay scale which is the benefit available on the basis of continuous service. The second and connected grievance is that the authorities have not been granting continuity of service by not counting the petitioners’ services at Ashram Shaala. The petitioners subsequently came to be appointed in the District Education Committee as primary teacher. The petitioners’ grievance is that their services rendered prior to their appointment as permanent primary teacher in the District Education Committee, which was in the Ashram Shala, is required to be reckoned as above for granting continuity in service. 5. All the petitioners have already made representations before the competent authorities. Since the authorities are yet to consider the case and yet to take decision in respect of the grievance of the petitioners raised as above, the court is dissuaded to exercise powers under Article 226 of the Constitution. It is expected from the authorities to take decision on the representations of the petitioners. Since the authorities are yet to consider the case and yet to take decision in respect of the grievance of the petitioners raised as above, the court is dissuaded to exercise powers under Article 226 of the Constitution. It is expected from the authorities to take decision on the representations of the petitioners. In the aforesaid view, interest of justice would be served if the petitions are disposed of at this stage by directing the respondents to take proper decision with regard to the grievance of the petitioners. 6.As a result, the respondents are directed to act through their competent authority and to take appropriate decision within a period of eight weeks from the date of receipt of this order on the representations of the petitioners in respect of the grievance of the petitioners about the grant of continuity of service by combining their services rendered at the Ashram Shala with one was rendered in primary school at the district committee as well as regarding other part of grievance regarding non-grant of first, second and third higher pay scale.” [7] In view of the aforesaid facts, the case of the petitioner deserves consideration. The period of service rendered by the petitioner with the Ashram Shala is required to be considered as continuing in service from the date of his appointment. The petitioner is therefore, entitled to the consequential benefits as well by treating the petitioner to be in continuing in service. [8] With the aforesaid, the both the petitions stand allowed. Considering the age of the petitioner being 57 years, the respondent authorities may undertake the exercise to comply with the directions of this Court as expeditiously as possible. Direct Service is permitted. Rule is made absolute to the aforesaid extent.” 9. The order 02.07.2021 passed in SCA No. 10759 of 2020 was the subject matter of Appeal being Letters Patent Appeal No. 187 of 2023, which came to be disposed of by order dated 22.02.2023, in light of the fact that the said order dated 02.07.2021 passed in SCA No. 10759 of 2020 was duly complied with. 10. The order 02.07.2021 passed in SCA No. 10759 of 2020 was the subject matter of Appeal being Letters Patent Appeal No. 187 of 2023, which came to be disposed of by order dated 22.02.2023, in light of the fact that the said order dated 02.07.2021 passed in SCA No. 10759 of 2020 was duly complied with. 10. Upon harmonious consideration of the government resolution dated 23.08.1973 and order dated 03.04.2000, absorbing the petitioner herein, duly produced at Annexure-B and the order passed in SCA No. 10759 of 2020, as referred above, it emerges that in the facts of the present case, the petitioner herein was appointed in Ashramshala, as a Teacher on 14.06.1993 and thereafter, the petitioner herein was absorbed by order dated 03.04.2000 and in light of the aforesaid government resolution, the services of the petitioner is required to be considered as continuous service, from the date of initial appointment and considering the same, the respondent authority to consider the case of the petitioner for grant of the 1st higher pay scale on completion of 9 years of service, i.e. w.e.f. 14.06.2002 and also grant the consequential benefits as well by treating the petitioner herein as in continuous service. 11. For the foregoing reasons, both the Petitions stand ALLOWED accordingly. The aforesaid exercise be undertaken within a period of 12 weeks from the date of the receipt of the order. Rule is made absolute, to the aforesaid extent. Direct service is permitted.