1 wp4474.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4474 OF 2010 Ankush Kondiba Kalel : Petitioner V/s. Educational Officer (Secondary), Pune Zilla Parishad, Pune & Ors. : Respondents .... WITH WRIT PETITION NO.4473 OF 2010 Anil Bhimrao Bhosale : Petitioner V/s. Education Officer (Secondary), Pune Zilla Parishad, Pune & Ors. : Respondents .... Mr.P.B.Shah for the petitioners. Mr.C.R.Sonawane, Asstt. Govt. Pleader for respondent nos.1 & 4. Mr.D.W. Bhosale for respondent nos.2 & 3. .... CORAM : A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE : MARCH 25, 2011. P.C.: Rule. 2 wp4474.10 The learned counsel for the respective respondents waive service. By consent, Rule is made returnable forthwith and heard parties. 2. The relief claimed in these petitions is to issue a direction to the respondent no.1, Education Officer (Secondary), Zilla Parishad, Pune, to take suitable action against the respondent no.2 management for not giving the petitioners B.Ed. scale and to grant consequential difference of salary from 1996 onwards and seniority over the candidates who have superseded the petitioners. 3. It is not in dispute that the petitioners have been making representations to the respondent no.2 as well as to the respondent no.1, who is the appropriate authority to consider the claim of the petitioners as also to issue suitable directions to the management, if and when necessary. The respondent no.1 perhaps has taken the position that the issue will have to be primarily decided by the management. This opinion of the respondent no.1 does not commend to us. In our opinion, it is the respondent no.1 who is competent to decide the claim of the petitioners and they cannot be left to the discretion of the management as such. At the same time, we fail to understand as to why the respondent no.2 management has so far not forwarded the representation to the respondent 3 wp4474.10 no.1 being the appropriate authority. In the circumstances, we dispose these petitions with the following directions:- (i) The respondent no.2 management shall forthwith forward all the representations made by the petitioners with its observations, if any, to the respondent no.1. That be done not later than two weeks from today. (ii)The respondent no.1, on receipt of the said representations along with the observations of the respondent no.2 management, shall take appropriate decision in the matter as may be advised after giving opportunity to the concerned parties. That be done not later than four weeks from the receipt of the representations from the respondent no.2 management. (iii)All contentions raised by the parties in these petitions are left open to be considered on its own merits, in accordance with law. 4. Rule is made absolute in the above terms. No order as to costs. (A.M. KHANWILKAR, J.) (MRS.MRIDULA BHATKAR,J.)