1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 2952 OF 2008 Sau. Shradha w/o. Vishwas Deshpande, age 46 years, occ. service, R/o. Samartha Apartment, Sane Guruji Nagar, Hirapur Road, Chalisgaon, district Jalgaon. - - - Petitioner versus 1. Administrative Officer, Nagar Parishad Shikshan Mandal, Chalisgaon, dist. Jalgaon. 2. Gurukul Trust, through its Secretary. Chalisgaon, dist. Jalgaon. 3. Harnatai Joshi Primary School through its Head Mistress Sau. Sadana Anil Lokhande, age 50 years, occ. service, R/o. as above. Chalisgaon, dist. Jalgaon. 4. Education Officer [Primary], Zilla Parishad, Jalgaon. 5. The Superintendent, Pay Unit (Primary), Zilla Parishad, Jalgaon. 6. The State of Maharashtra. - - Respondents. Shri L. V. Sangit, Advocate for the petitioner. Respondent Nos.1 to 3 absent though served. Shri N. B. Suryawanshi, Advocate for respondents Nos.4 and 5. 2 Shri B. V. Wagh, Asstt. Govt. Pleader for respondent No.6. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 29th September 2009 ORAL ORDER [ PER B.R. GAVAI, J.] : 1. Leave to correct the affidavit. 2. Rule. Rule made returnable forthwith by consent. 3. By way of present petition, petitioner seeks writ of mandamus directing respondents Nos.4 to 6 to grant trained graduate teachers pay scale to the petitioner from the date of her appointment i. e. from 9-6-1986 to 31-9-1993 as per proposal submitted by Head Mistress of respondent No.3 school dated 8-9-2004. 4. The petitioner at the time of her appointment i. e. 9-6-1983 was possessing qualification of B.A. B. Ed. Though the petitioner was duly qualified, she was not given pay scale of trained graduate teacher and the said pay scale was made applicable to her with effect from 1-10-1992. 3 5. Respondents Nos.2 and 3, therefore, forwarded proposal to respondent No.4 for giving scale of trained graduate teacher to the petitioner from the date of her appointment till 30-9-1993. Since the proposal was not decided, the present petition. 6. In response to the notice issued by this Court the respondents Nos.4 and 5 have filed their affidavit in reply. The claim of the petitioner is resisted on the ground that the petitioner is claiming the said pay scale after long period of 12 years. However, it can be seen from the said affidavit in reply that the respondent No.4 has himself stated that since there is only one post available in the said school for trained graduate teacher and that too from academic year 1980-90, the claim of the petitioner is not justified. 7. However, it is clear from the affidavit in reply that even according to the respondent No.4, the trained graduate teacher's post is available from the academic year 1989-90. It is also not disputed by the respondent No.4 that the petitioner is the senior most eligible teacher to claim the said scale. 8. In that view of the matter, we are inclined to allow the petition 4 partly. Respondent No.4 is directed to grant approval to the petitioner as trained graduate teacher from the academic year 1989-90 till 30-9-1993 and pay her arrears for the said period within a period of three months from today. Rule is made absolute in the aforesaid terms with no order as to costs. ( N. D. DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp295208