1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5216 OF 2009 Kishor S/o Govindrao Mane, Age : 25 Years, Occu. : Service, R/o Sharda Nagar, Latur, Tq. and Dist. Latur. .. .. PETITIONER Versus 1. The State of Maharashtra. 2. The Education Officer (Primary) Primary Education Department, Zilla Parishad, Latur. 3. President/Secretary, Lal Bahadur Shastri Shikshan Prasarak Mandal, Renuka Nagar, Latur, Tq. & Dist. Latur. 4. The Head Master, Lal Bahadur Shastri Primary School, Sharda Nagar, Latur, Tq. & Dist. Latur. .. .. RESPONDENTS Shri G. V. Mohekar, Advocate for the Petitioner. Shri K. B. Choudhari, Addl.G.P. for the respondent No. 1. Shri V. D. Hone, Advocate for the Respondent No. 2. Shri A. M. Gaikwad, Advocate for the Respondents No. 3 and 4. 2 CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 08TH FEBRUARY, 2010. ORAL JUDGMENT[ PER A. P. DESHPANDE, J. ] : 1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2. The petitioner's initial appointment as an assistant teacher in a primary school was vide order dated 09th October, 2001. At the time of initial appointment, the petitioner was an untrained teacher. The said appointment has not been approved till date. While being in employment the petitioner improved his educational qualifications by obtaining Bachelor of Arts in the year 2004. The petitioner also acquired the teaching qualification of B. Ed. in June 2006. After the petitioner acquired graduation and teaching qualification of B. Ed, he acquired eligibility as a trained graduate teacher and hence, the school management issued a fresh appointment order appointing the petitioner on probation with effect from 16.06.2006 to 15.06.2008 in the pay scale of 5500 to 9000. The appointment order as a trained graduate teacher is annexed to the petition at record page 19. After appointing the 3 petitioner as a trained graduate teacher with effect from 16.06.2006, the Head Master has forwarded proposal seeking approval to the appointment of petitioner as trained graduate teacher with effect from 16.06.2006 to the Education Officer Primary Zilla Parishad Latur, of course initially for two years on probation and thereafter, as a confirmed assistant teacher. The petitioner is placing reliance on a circular dated 17th January, 2001 to contend that 25% of the trained graduate teachers working in primary school, teaching standard V to VII, are entitled to be granted higher pay scale admissible to a trained graduate teacher and consequently seeking approval to the said appointment from the Education Officer. 03. Perusal of the seniority list of the staff prepared by the school/respondent No. 4 reveals that barring the present petitioner no other assistant teacher teaching in the primary school is trained graduate teacher. There are eight sanctioned posts of teaching staff. Thus, according to the learned counsel for the petitioner two teachers if eligible would be entitled to an approval in 25% quota. Prima facie, we are satisfied about the entitlement of the petitioner for claiming trained graduate teacher's scale in 25% quota as per the circular dated 17th January, 2001. 04. Learned counsel Shri Hon appearing for Education Officer 4 Primary submits that as the proposal is pending, the Education Officer would consider the same and pass an order in that regard in the light of observations made in this order. We direct, the Education Officer to take a decision in regard to grant of approval to the appointment of the petitioner on probation with effect from 16.06.2006 to 15.06.2008 and, thereafter, as confirmed teacher in the category of trained graduate teacher, if found eligible. We expect the Education Officer to take a decision within a period of two months from today. Rule is made absolute in above said terms. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Feb. 2010