: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. 6452 OF 2008 WRIT PETITION NO. 6452 OF 2008 WRIT PETITION NO. 6452 OF 2008 Varsha Sharad Ponkshe ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. N. V. Bandiwadekar for the Petitioner. Ms. P. S. Cardozo, AGP, for the Respondent Nos. 1 and 2. Mr. Amol P. Mhatre for the Respondent No. 5. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 9TH FEBRUARY, 2009 DATE : 9TH FEBRUARY, 2009 DATE : 9TH FEBRUARY, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The learned counsel for the petitioner points out that the Education Officer, Zilla Parishad, Ratnagiri, by an Order dated 20.8.2008 has decided the inclusion of the qualified teachers in Category ’C’ from the date of their given promotion in the B.Ed. pay scale by taking into account the Government Resolution dated 25.6.1992. 3. It is clear from the judgment of this court in the case of Lakhwinder Kaur Gurai vs. Garison Lakhwinder Kaur Gurai vs. Garison Lakhwinder Kaur Gurai vs. Garison :2: Children Education Society & Ors. [2006(5) Mh.L.J. Children Education Society & Ors. [2006(5) Mh.L.J. Children Education Society & Ors. [2006(5) Mh.L.J. 332 332 332 that it is not permissible to rely on the Government Resolution and defeat statutory rules. This is exactly what has been done in the present case. Further it appears that there is some dispute about the event that must be taken into account for reckoning inclusion in Category ’C’, that is to say, whether the 10 years after S.T.C. should be reckoned from the date on which the qualifications were obtained or the date from which the candidate was paid the pay scale. This matter also needs the proper consideration in accordance with law. 4. In this view of the matter, the impugned order is set aside. The Education Officer, Zilla Parishad, Ratnagiri, is directed to decide the question of relative seniority of the rival candidates after hearing them and giving them opportunity to point out the law. The Education Officer shall decide within a period of six weeks from the date the parties appear before him. The parties are directed to appear on 2.3.2009. Rule made absolute in the above terms. :3: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)