1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3846 of 2000 Smt. Sushilabai w/o. Dhondu Koli Age 40 years, Occ.Service, R/o. Mehunbare, Tq. Chalisgaon, Dist. Jalgaon. Petitioner Versus 1] The State of Maharashtra 2] The Education Officer, Secondary School Zilla Parishad, Jalgaon. 3] The Head Master Girna Vidya Prasarak Mandal's High School, Mehunbare, Tq. Chalisgaon, Dist.Jalgaon. 4] The Chairman/Secretary Girna Vidya Prasarak Mandal, Tq. Chalisgaon, Dist. Jalgaon. Respondents Mr.P.B Patil, Advocate for the petitioner Mr. Vijay Patil, Advocate for the respondent Nos. 3 and 4 Mr. S.N. Kendre, AGP for the respondent No.1. CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ.. DATE : 19th July, 2010. ORAL JUDGMENT [ PER B.R. GAVAI,J.] :- 1] By way of present petition, the petitioner claims a direction to the respondent Nos. 3 and 4 to forward the proposal of the petitioner for appointment as permanent teacher on B.Ed. Scale, for approval of the 2 respondent No.2 forthwith. 2] Admitted facts are that, the petitioner came to be appointed as a Primary Teacher on the basis of her qualification as S.S.C, D.Ed. During her service, she acquired the qualification of Graduation i.e. Bachelor in Arts, in 1992. Thereafter, she acquired the qualification of B.Ed. In 1994. According to the petitioner, she made representation for appointing her as a Trained Graduate Teacher. 3] The respondent - Education Officer has filed an affidavit in reply stating that the management has not submitted the proposal and as such, it could not be considered. On the contrary, the management has stated that the petitioner is not entitled for trained graduate teacher's scale as she was appointed as a primary teacher in S.S.C. D.Ed. scale. The stand of the management is totally incorrect. In view of the policy of the State Government,in the primary school, to which 5th to 7th Standards are attached, 25% of the posts are required to be filled from the Trained Graduate Teachers' category. It is also a policy of the State that such of the teachers working in the school, who acquired the requisite qualification of graduation as well as B.Ed. are required to be accommodated in the said 25% quota. In that view of the matter, we find that the management has totally erred in saying that the petitioner is not entitled since she was appointed as a primary teacher in S.S.C. D.Ed. scale. We, therefore, allow the petition. 4] The petition is disposed of with a direction to the respondent Nos. 3 and 4 to grant Trained Graudate Teacher's pay scale to the petitioner immediately from the date on which she fits in the 25% quota after her acquisition of the requisite qualification. . We make it clear that in the event the respondent management has appointed any other teacher in the 25% Trained Graduate 3 quota, overlooking the claim of the petitioner, the arrears would not be required to be paid by the Government but would be required to be paid by the management. . The arrears would be calculated till the petitioner can be regularly absorbed in the Trained Graduate Teachers Category. In the event, the respondent management does not pay the arrears, the respondent Education Officer would be at liberty to pay the said amount to the petitioner and recover the same from the non-salary grants payable to the respondent management. Rule made absolute in above terms with no orders as to costs. [S.V. GANGAPURWALA,J.] [B.R. GAVAI,J.] grt/wp