1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8990 OF 2004 WRIT PETITION NO.8990 OF 2004 WRIT PETITION NO.8990 OF 2004 Smt. Anjani P. Manze ...Petitioner Vs. New English School, Vajreshwari, Tal: Bhiwandi, Dist: Thane & Ors. ...Respondents ----- Mr.M.S.Lagu for Petitioner Mrs. M. Thakur, A.G.P. for Respondent CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 20TH JULY, 2005 DATED: 20TH JULY, 2005 DATED: 20TH JULY, 2005 P.C. P.C. P.C. 1. Heard Mr. Lagu in support of this Petition. Mrs. Thakur, A.G.P. appears for the Respondents. An affidavit in reply by the Deputy Education Officer (Secondary), Z.P., Thane has been filed. The case of the Petitioner is that though she is a trained graduate teacher she is not given the scale and salary proportionate to her qualification. Her case is that she was not given a scale because a vacancy in the group of trained graduate teachers allocable to the School was not available at that time. In June, 2001 such a vacancy occurred and therefore, it is her case that she must get accommodated in that position and must get the trained graduate scale. 2. A reply has been filed, it is pointed out in that reply that though the Petitioner is a trained 2 graduate teacher, there are other trained graduate teachers who are senior to the Petitioner and as far as this particular vacancy in the group of trained graduates eligible for the scale are concerned one Smt. Gauli who is working from 1981 would be eligible. 3, The Deputy Education Officer (Secondary), Z.P., Thane will see to it that Smt. Gauli will be given a scale of trained graduate teacher. As far as the Petitioner is concerned she will get a scale as and when her turn comes to find the place against the group of trained graduate teachers who are eligible to the appropriate pay as per the Establishment schedule. Hence, the Petition is disposed of. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)