-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7851 OF 2009 Uday Kisan Sonawale ... Petitioner versus The State of Maharashtra and others ... Respondents Mr. N.V. Bandiwadekar for the petitioner. Mr. A.B. Vagyani, AGP, for respondent Nos. 1 and 2. Mr. Mandar Limaye for respondent No.3. CORAM: P.B. MAJMUDAR & R.G. KETKAR, JJ. DATE: APRIL 06, 2010. P.C. By this petition, the petitioner has challenged the action of the department by which approval to the appointment of the petitioner as a Laboratory Assistant in the school run by Respondent No.3 has not been granted. The case of the petitioner is that he was appointed on the said post of Laboratory Assistant at the time when the said post was vacant where the earlier incumbent of the said post one Vasant Zitu Joshi retired. The management has appointed the petitioner on the aforesaid post with effect from 1st July, 2007. Thereafter a proposal was sent to the State Government to give approval to the said appointment as respondent No.3 is entitled to salary grant for the said post, as it is an aided institution. The department has made its stand clear by way of a -2- reply and in paragraph 2 of the reply it is stated as under: “2. I say that the petitioner is working as Laboratory Assistant in the Junior College Section (11th and 12th stds.) in G.B. Wader High School and Junior College run by the Respondent No.3 Management. The said G.B. Wader High School and Junior College has one division of 11th Std. And one division of 12 Std. Of science faculty on aided basis and one division of 11th and 12th Std. Each of Science faculty on permanently unaided basis. I say that pursuant to Schedule-A to the Govt. Resolution dated 25.11.2005 issued by School Education and Sports Department to the State Government, for the Junior College having one division each of 11th and 12th Std., one post of Full time Laboratory Assistant is sanctioned. I say that Junior College section of G.B. Wader High School and Junior College already has one Full Time Laboratory Assistant viz. Mr. Shankar Katkar. Hence, by order dated 4.2.2008, approval to the appointment of petitioner as Full Time Laboratory Assistant in G.B. Wader High School and Junior College was rejected. ..” 2. Learned counsel for the petitioner, however, argued that when the earlier incumbent on the said post was serving, his salary was borne by the State Government. However, so far as the said contention is concerned, it is required to be noted that the said incumbent Mr. Joshi was appointed prior to Government Resolution dated 25-11-2005. As against that, petitioner was appointed on the said post after the said G.R. and as per the said G.R., only one post of Laboratory Assistant can be sanctioned. It is not in dispute that one person viz. Shankar Katkar is serving on the said post and his salary is borne by the State Government. Since the appointment of the petitioner is not on the sanctioned post, the State Government cannot be permitted to pay the salary of the petitioner on the post of Laboratory Assistant. Mr. Bandiwadekar, however, -3- argued that the impugned order is not passed on the said ground. Even though the impugned order might not have been passed on the said ground, it is not in dispute that as per the Resolution dated 25th November 2005, only one post of Laboratory Assistant can be sanctioned by the State Government as the State is required to bear the expenditure for the said post towards the salary grant. Since the petitioner’s appointment is not on the sanctioned post as he was appointed after the G.R. Dated 25th November, 2005, the State Government cannot be directed to bear additional expenditure as the management is entitled to salary grant qua one post which is a sanctioned post. 3. Mr. Bandiwadekar has further submitted that the person who is holding the post which is a sanctioned post is retiring in May, 2010. If that be so, naturally respondent No.3 management is entitled to get salary grant, if the petitioner is absorbed on the said sanctioned post and such salary grant for one post naturally is required to be borne by the State Government but the State Government at present cannot be asked to pay salary grant for two posts. 4. In view of what is stated above, we do not find any substance in the grievance of the petitioner. Petition is accordingly dismissed. Notice discharged. 5. The management may claim salary grant for the petitioner’s post by treating him to be absorbed in the post as and when the incumbent of the said -4- post retires in May, 2010. It will be open to the petitioner to ask salary for the Laboratory Assistant till he gets absorption on a sanctioned post from the management. P. B. MAJMUDAR, J. R.G. KETKAR, J.