1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.430 of 2008 (Kamal s/o. Dashrath Bombarde .vs. Hiraman s/o. Baburao Wahane and Ors.) -=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr.I.S.Charlewar, Adv. Petitioner. Mr. Anand Dixit, Adv. for Respondent No.2. Mrs. Bodade, AGP for Respondent Nos. 3 to 5. CORAM : D.D.SINHA AND A.P.BHANGALE, JJ. DATE : JULY 15, 2008. Heard Counsel for the respective parties. This Writ Petition is directed against the order dt. 22.10.2007 whereby the Education Officer (Secondary), Zilla Parishad, Bhandara has cancelled restoration of Graduate Pay Scale under 25 % quota and the refund of Rs.79,474/-. The following facts are not in dispute : That, the petitioner, on the earlier occasion, has filed Writ Petition No. 4979 of 2004 which was disposed of by this Court on 28.2.2005 by directing the Education Officer to 2 grant hearing to the petitioner as well as respondent-Management and was asked to take a decision whether petitioner was entitled for grant of Graduate Pay Scale under 25 % quota. After the said order, the Education Officer has considered this aspect by giving opportunity of hearing to the petitioner as well as respondent and held that the petitioner acquired qualification i.e. Sahitya Sudharak (Hindi level) which is not equivalent to qualification of Graduation (BA) and therefore, it was held that the petitioner was not eligible for grant of Graduate Pay Scale under 25 % quota. Petitioner was well aware that the qualification possessed by the petitioner cannot be equated with that of B.A. and the petitioner was already held to be not eligible for grant of Graduate Pay Scale; in spite of that, for the reasons best known to the petitioner, the Education Officer once again passed order dt. 30.6.2007 granting Graduate Pay Scale to the petitioner, which was at a latter point of time cancelled by the Education Officer and by the impugned order, recovery is ordered. In the instant case, in spite of decision of the Education Officer holding the petitioner not eligible for Graduate Pay Scale, the same was once again given to the petitioner by 3 Education Officer and therefore, for the reasons stated hereinabove, we are not inclined to show any indulgence in the present petition Consequently, the petition is dismissed. JUDGE JUDGE ssj