- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITIONS NOS.4829/1999 & 4830/1999 WRIT PETITION NO.4829/1999 Khan Athar Ali Asgar Ali, age 26 yrs., occu.Assistant Teacher, Shamshul-Ulood Urdu High School, Osmanabad, Samta Colony, Osmanabad. ...Petitioner.. Versus 1] The State of Maharashtra. 2] The Education Officer (Secondary), Zilla Parishad, Osmanabad. 3] The Secretary, Shams Education Society, Khajanagar, Osmanabad. 4] The Head Mistress, Shamsul-Uloom Urdu High School, Osmanabad. ...Respondents... ..... Smt.Asfia N. Ansari, Advocate for petitioner. Shri S.N. Kendre, AGP for respondent nos.1 & 2. Shri M.P. Tripathi, Advocate h/f Shri K.J. Ghute Patil, Advocate for respondent nos. 3 & 4. - 2 - =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= WRIT PETITION NO.4830/1999 Syed Khalil Ahmed Syed Siddiqui Ahmed, age 31 yrs., occu.Assistant Teacher, Shamsul-Uloom Urdu High School, r/o Samta Colony, Osmanabad. ..Petitioner.. Versus 1] The State of Maharashtra. 2] The Education Officer (Secondary), Zilla Parishad, Osmanabad. 3] The Secretary, Shams Education Society, Khajanagar, Osmanabad. 4] The Head Mistress, Shamsul-Uloom Urdu High School, Osmanabad. ...Respondents... ..... Smt.Asfia N. Ansari, Advocate for petitioner. Shri S.N. Kendre, AGP for respondent nos.1 & 2. Shri M.P. Tripathi, Advocate h/f Shri K.J. Ghute Patil, Advocate for respondent nos. 3 & 4. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE: 17.08.2010 - 3 - ORAL JUDGMENT (Per Gavai, J.): 1] Heard learned counsel for the parties. 2] The petitioners have filed the present petitions for grant of approval to their appointments as recommended by the management for the year 1998-99. The petitioners were initially appointed in probation in the year 1993 and accordingly approval was granted. During the period between 1995 to 1997, the approval was granted from year to year basis. However, since the Education Officer withdrew the approval for the year 1998, the petitioners approached this Court. 3] This Court vide interim order had directed the salaries of the petitioners to be paid regularly and accordingly they have been regularly paid their salaries. In the affidavit in reply filed on behalf of the Education Officer, it is stated that one petition was filed by Captain Sk.Mohd. and due to the pendency of that petition, the approval in the case of the petitioners was withheld. We find that pendency of the said petition has nothing to do with the case of the present petitioners. Present petitioners were appointed against clear posts in 1993 on probation and as such the action of the respondents in withholding approval was not justified in law. 4] We, therefore, hold that the petitioners were entitled for approval of their services from the year 1998 onwards and the approval granted by the Education - 4 - Officer be treated as an approval granted in furtherance to the orders passed in the present petition. Rule is made absolute accordingly. No order as to costs. (S.V. Gangapurwala, J.) (B.R. Gavai, J.) ndk/c1781010