1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3764 OF 2010 Santosh Devidas Shelke, Age : 30 years, Occu. Service, r/o Vanjariwada, Varangaon, Tq. Bhusawal, Dist. Jalgaon ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary, School Education, Mantralaya, Mumbai - 32 2. Education Officer (Secondary), Zilla Parishad, Jalgaon 3. Deputy Director of Education, Nashik Division, Nashik 4. The Varangaon Education Society, Varangaon, Tq. Bhusawal, Dist. Jalgaon, Through its President 5. Mahatma Gandhi High School, Varangaon, Tq. Bhusawal, Dist. Jalgaon, Through it's Head Master ..RESPONDENTS Mr S.P. Brahme, Advocate for the petitioner; Mr K.J. Ghute Patil, A.G.P. for the respondents. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 28th June, 2010 2 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Mr Brahme, learned Counsel for the petitioner states that several representations have been forwarded by the petitioner to the respondent - Education Officer seeking the pay scale of a Trained Graduate Teacher. Despite the receipt of the said representations/applications, the Education Officer has not passed any orders deciding the said representations. Mr Brahme, learned Counsel for the petitioner, therefore, prays that the petitioner may be permitted to amend the petition by incorporating the aforesaid relief of issuance of a writ to the Education Officer (Secondary) directing him to decide the said representations within a stipulated period. In respect of prayer clause (C) and (D) to the petition, the learned Counsel states that the petitioner does not press for the aforesaid reliefs at this stage but prays for grant of liberty to pray for the aforesaid relief in the event the Education Officer rejects the representations of the petitioner. In that light of the matter, therefore, we permit the petitioner to delete respondents no.4 & 5 to the petition and permit the petitioner to amend the petition as adverted to above. Amendment to be carried out forthwith. 2. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the 3 stage of admission. 3. According to the petitioner, the petitioner is entitled in law to receive the pay scale of a Trained Graduate Teacher. The management, instead of accommodating the petitioner in the 25% quota meant for Trained Graduate Teachers is appointing persons from open market. The petitioner further states that several representations addressed to the Education Officer are pending consideration with the Education Officer. In the light of the pendency of the representations of the petitioner, we are inclined to allow this petition. We accordingly allow this petition and direct the Education Officer to decide the representations of the petitioner, if pending, in accordance with law, within a period of two months from today and communicate the decision thereon to the petitioner. The respondent - Education Officer to give reasonable opportunity to all the parties to put-forth their case and then decide the representations in accordance with law. 4. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3764.10 4