IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2692 OF 2009 Chandrakant Babu Jadhav ..Petitioner versus State of Maharashtra & Ors. ..Respondents Mr. Suresh S. Pakale for Petitioner. Mrs. S. S. Bhende – AGP for Respondent Nos. 1 to 3– State. Mr. H. T. Pawar for Respondent Nos. 4 and 5. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 20, 2010. P.C. : 1. Heard the learned counsel for the petitioner, the learned AGP for respondent Nos. 1 to 3 – State and the learned counsel for respondent Nos. 4 and 5. 2. The grievance of the petitioner is in respect of non consideration of his claim for grant of benefit of pay scale applicable to the Assistant Teachers placed in 25% graduate quota. The learned counsel for the petitioner has submitted that the petitioner was appointed on 14th June 1982 as Assistant Teacher. At the time of appointment the petitioner was SSC D.Ed. It is the case of the petitioner that at latter point of time the petitioner has acquired a qualification of B.A. B.Ed. and on the basis of this additional qualification coupled with the seniority, the petitioner was eligible to be placed in 25% graduate category and hence the petitioner has made a claim for the placement in the said category. The learned counsel for the petitioner has submitted that the respondents without any justification given go-bye to the said claim of the petitioner on the basis of wrong placement in the seniority list which was published in the year 2008-2009 and therefore the petitioner approached this Court. 3. The contentions canvassed by the learned counsel for the petitioner are denied by the learned counsel for the respondents. 4. Be that as it may. Looking to the cause of action involved in the present petition, it will be appropriate for the petitioner to file representation to the Education Officer for redressal of his grievance within a period of three weeks from today. If such representation is made or submitted, we direct the Education Officer to consider the same on its own merits in accordance with law and procedure applicable in this regard by following principles of natural justice as early as possible and in any case not beyond the period of three months from the date of communication of this Order. 5. With these observations and directions, writ petition is disposed of keeping all the issues raised in the petition open. (D. D. SINHA, J.) ( A. A. SAYED, J.)