1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1196 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mrs. Madhaveshwari D.Thube-Mhase, Advocate for the petitioner. Mr. V.J. Dixit, Sr.Counsel h/f Mr. S.B. Yawalkar, Advocate for respondent Nos. 1 and 2. Mr. S.T. Shelke, Advocate for respondent No.3. Mrs. A.V.Gondhalekar, A.G.P. for respondent No.4. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 11TH FEBRUARY, 2010 The grievance of the petitioner is that although the petitioner is working in Primary Section of respondent No.2 school, however, her claim regarding grant of 5th Pay Commission and further request to transfer her to Secondary School which is grant in aid school on the available post as per her qualification and seniority is not being considered. In our opinion, both these 2 grievances can be redressed by respondent No. 2 Management, if the petitioner were to make such representation. In any case, if the Management were to reject the claim of the petitioner, it would be always open to the petitioner to approach the Education Officer (Primary) for redressal of her grievance. 2. In the circumstances, we dispose of this petition with liberty to the petitioner to make representation in the first place to respondent Nos. 1 and 2 and upon receipt of such representation, said respondents would decide the same on its own merits, in accordance with law expeditiously and in any case, within six weeks from the date of receipt thereof. We are not expressing any opinion with regard to the stand of respondent Nos. 1 and 2 that there is issue about the valid appointment of the petitioner in Primary Section of 3 respondent No. 2 School. 3. As aforesaid, all aspects will have to be decided by respondent Nos. 1 and 2 on its own merits, in accordance with law. If the said decision is adverse in part or as a whole, to that extent, the petitioner may carry the matter before the Education Officer (Primary), who will have to examine the claim of the petitioner on its own merits, in accordance with law, by giving opportunity to the petitioner as well as the Management and the School before passing any final orders or directions. If the petitioner is required to make such representation to the Education Officer (Primary) Zilla Parishad, Ahmednagar, the said authority shall decide the representation not later than eight weeks from the receipt thereof by giving opportunity to both the parties. All questions will have to be considered by the Education Officer 4 (Primary) on its own merits, in accordance with law. 4. The petition is disposed of on the above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp1196.09