BHARATI H. DANGRE, J.

1. The petitioners employed as teaching and non-teaching staff of Satara Education Society have invoked the writ jurisdiction of this Court, seeking implementation of the Government Resolutions/Circulars issued by the State Government, thereby extending the benefits of the pay scales as contained in the said Government Resolution and seeking payment of arrears flowing therefrom. The petitioners have also claimed a relief of payment of salary in accordance with the pay scales and allowances applicable to the post held by the them on a regular basis and has also sought direction to deposit the death-cum-retirement gratuity.

In response to the writ petition, this Court was pleased to issue notice to the respondents and on 4th April 2005, 'Rule' came to be granted in favour of the petitioners and the hearing was expedited. The matter was listed before us for hearing. We have heard learned counsel Shri Pakale appearing for the petitioner and Ms.Shruti Vyas, learned counsel for the respondent nos.1 to 3. We have also heard Mr.Sugandh Deshmukh for respondent nos.5 and 6.

2. The petitioners are the employees employed in the Respondent no.6 Satara Polytechnic (Suman Dhekane Department of Pharmacy) run by the respondent no.5 Satara Education Society, Satara. Amongst the petitioners, the petitioner no.2 and petitioner nos.13 and 18 are working as Lecturers, whereas rest of the petitioners are working as peons, barring petitioner nos.1 and 6, who are working as Laboratory Assistants in the respondent no.6 institute. It is the case of the petitioners that they came to be appointed in their respective posts which were vacant and sanctioned by following a valid process of appointment. The petition specifically contains a statement that the performance of the petitioners is excellent and there is no flaw pointed out by the Management in their working since their initial appointment. Along with the petition, the petitioners have placed on record the list of the petitioners along with their educational qualifications, date of joining, designation and the capacity in which they came to be appointed in the respondent No.6-School run by the respondent No.5-Management.

3. The petitioners are aggrieved by non-extension of benefits of the pay scales to them, including the various allowances and provision of other service benefits as extended to the teachers/non-teaching staff working in the Non-aided Government Polytechnics through various resolutions passed by the State of Maharashtra. According to the petitioners, the State Government issued a resolution on 26th May 1992, thereby revising the pay scale of teachers in Government/Non-Government, public, engineering/technical/Architecture, Pharmacy Polytechnics. The petitioners submit that, those of the petitioners who are appointed as teachers falling within the purview of the said Government Resolution and are entitled for the revision of their pay with effect from 1st January 1986. Reliance is also placed by the petitioners on a communication issued by the Director, Technical Education addressed to the Principals/Chairman of Non-aided engineering/technical colleges including the colleges of Pharmacy, Architecture etc, thereby making it obligatory on part of all the Non-aided institutions to pay the salary and allowances applicable to its employees as per Government Rules and Regulations in force including the benefits like the bonus, benefits of Leave Travel Concession, gratuity, provident fund etc. The said communication made it imperative on the Management to pay the said pay scale as per government norms, since it was one of the binding condition imposed at the time of starting the various courses at these institutions. The petitioners have also placed reliance on a Government Resolution dated 18th December 1999, resolving to implement the revised pay scales to the teachers of the Government and government aided polytechnics, to submit that the teachers working in the