1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4167 OF 2009 (Manoj Kumar H. Tiwari vs. Education Officer (Primary), Zilla Parishad, Wardha) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri P.V. Vaidya, Advocate for petitioner. Shri P.D. Meghe, Advocate for respondent. -------- CORAM : J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED : OCTOBER 6, 2010 Heard learned Counsel for the parties. From perusal of the submissions filed on behalf of the respondent Education Officer and in particular, the staffing pattern under Form III, dated 11/12/2009, we are satisfied that in the staffing pattern for 2009-10, no post of Graduate Teacher to teach in Primary School was at all sanctioned by the Government in the School in question. The case of the petitioner is that he was entitled to be appointed in 25% Graduate Teacher posts and not that he was appointed. 2 In the absence of availability of any sanctioned post of Graduate Primary Teacher, we are not inclined to agree with the submission made by Shri Vaidya, learned Counsel for the petitioner, that the petitioner should be paid salary in Graduate trained Teacher's scale though he is teaching in Primary School. In view of this, we find no merit in the petition and hence, the same is dismissed. JUDGE JUDGE khj