The main legal point established in the judgment is the entitlement of the petitioner to the benefits as per the Government Resolution dated 28th June, 1994, and the court's direction to the concerned respondents to take necessary actions in this regard.

JUDGMENT

Abhay Ahuja, J. - Learned counsel for Petitioner, on instructions, seeks leave to delete Respondents No.5 to 7. Learned counsel for the remaining Respondents has no objection. Leave is granted. Amendment to be carried out forthwith. Revivification is dispensed with.

2. Rule. With the consent of the counsel for the parties, rule made returnable forthwith and heard finally.

3. In this Petition, Petitioner is seeking directions to the Education Officer (Secondary) to consider her services and grant approval to the post of the Full Time Librarian from the year 1994- 95 to 1st April, 2006 as per Government Resolution dated 28th June, 1994 and to make pay fiation, pension and time bound promotion by considering the service from academic year 1994-95.

4. Brief facts are that Petitioner herein completed Bachelor of Arts in 2010 and Bachelor of Library Science in 2011. Petitioner is from Scheduled Caste category. Petitioner was appointed by order dated 10th September, 1993 and joined on 11th September, 1993 as Part Time Librarian, which was approved by the Respondent No.3-Education Officer on 12th December, 1994 in accordance with the proposal of the Management as Part Time Librarian. The Management, viz., Khalapur Taluka Shikshan Prasarak Mandal, upgraded the post of Petitioner into Full Time Post of Librarian, which is stated to have received approval by order dated 14th December, 2006 of the Respondent-Education Officer with effect from 1st April, 2006. The Sahyadri Vidhyalaya, it is submitted, is a fully aided school.

5. It is submitted that Petitioner worked in Sahyadri Vidhyalaya, Shilphata from September, 1993 to June, 2007 and there was sufficient strength of students of more than 1000; that from the initial appointment of Petitioner, the strength of the school was more than 1000 as per Eihibit E to the Petition, which facts have not been disputed in the affidavit in reply of the Respondents nor by the learned AGP. It is also not disputed that as per the staff approval (Eihibit F to the Petition), the post of Part Time Librarian was sanctioned from the academic year 1993-94 upto the year 2005-06.

6. It is Petitioners case that though the strength of students was sufficient and the post of Petitioner was required to be upgraded as Full Time Librarian, from academic year 1994-95, the Respondent No.3 Education Officer has granted approval to the post of Petitioner only from 1st April, 2006. It is submitted that the approval ought to have been granted from academic year 1994-95 as the students strength was more than 1000 as per Government Resolution dated 28th June, 1994. Learned Counsel submits that, therefore, Petitioner is entitled to the post of Full Time Librarian from the year 1994-95 as in accordance with Government Resolution dated 28th June, 1994, the post of Part Time Librarian can be upgraded as Full Time Librarian if the school satisfes the criteria of a total students strength of a minimum 1000 or above.

7. It is submitted that the service conditions of the teaching and non-teaching employees working in private schools like Sahyadri Vidhyalaya are governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (the "MEPS Act, 1977") and Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (the "MEPS Rules, 1981"). Rule 19 of the said Rules provides that an employee working in an aided secondary school and retiring on or after 1st April, 1966 shall be eligible for pension at the rates and in accordance with the Rules as are sanctioned by the Government specifically to the employees of the private schools. Petitioner states that accordingly the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 (MCPS Rules, 1982) have been made applicable to the employees working in the private and aided secondary schools in the State of Maharashtra.

8. Since Petitioner came to be appointed as Librarian in the fully aided secondary