*1* wp.380.11.933.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.380 OF 2011 Pushpa Laxman Chaudhari. ..Petitioner -Versus- The State of Maharashtra and others. ..Respondents .......... Mr.N.V.Bandiwadekar, for the Petitioner. Mr.Karan Thorat i/b S.P.Thorat, for the Respondent No.3. Mr.S.N.Bhosale, AGP, for the Respondents/ State. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 07th June, 2011. P.C.: 1 Heard both sides. Rule. By the consent of the parties, the petition is disposed of finally. 2 The Education Officer (Primary), Zilla Parishad, Thane has by the impugned order held that the Petitioner cannot be given the benefit of the pay scale of the trained teacher as there is no necessity of appointing any separate teacher for drawing and craft subjects at the primary school level. Beyond this, there are no reasons assigned in the impugned order. 3 My attention is invited by Mr.Bandiwadekar to the orders that have been passed by the Division Bench and he submits that the Education Officer has not adverted to any of the submissions and observations in those judgments and passed a cryptic and unreasoned order. 4 This submission of Mr.Bandiwadekar is not controverted by *2* wp.380.11.933.sxw any of the Respondents including the Education Officer. In such circumstances, the impugned order is quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Thane for being dealt with and decided afresh on merits in accordance with law and uninfluenced by any of the observations made in the earlier order. The Education Officer shall decide the matter within three months from today. All contentions of the Petitioner are kept open. If the order passed by the Education Officer on remand is adverse to the Petitioner, the same may not be implemented for a period of eight weeks from the date of its communication to the Petitioner. 5 Rule is made absolute accordingly. No costs. (S.C. Dharmadhikari, J)