1 CA No.9754 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9754 of 2011 In Writ Petition No.4793 of 2009 Shriram S/o Baburao Gutte. ... Applicant. Versus The State of Maharashtra And Others. ... Respondents. -------- Shri. M.S. Deshmukh, Advocate for applicant. Shri. D.R. Korde, Assistant Government Pleader, for respondent Nos.1 and 2. Shri. V.D. Gunale, Advocate, for respondent No.5. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 25th NOVEMBER 2011 PER COURT : 1) Heard. 2) Learned counsel Shri. Deshmukh, for the applicant submits that though the management had offered appointment of the applicant as Assistant Teacher in the pay scale of Rs. 5500 – 9000 with effect from 1-7-2010, the management, in the facts of the case, could issue appointment order by giving retrospective effect of the year 2008. Learned counsel Shri. Gunale submits that in past the management had offered applicant such appointment from the year 2008 but he refused. 2 CA No.9754 of 2011 3) Writ Petition filed by the applicant was admitted by this Court on 22nd August 2011 and notice was issued on this application. The management has filed affidavit-in-rely. Learned counsel for the applicant, on instructions, submits that the applicant would accept the order of appointment issued by the management dated 1-7-2010 subject to outcome of the writ petition and without prejudice to the rights of the applicant. 4) In the light of the statement made, the management would allow the applicant to join. The appointment would take effect from 1-7-2010. The management shall forward appropriate proposal to the Education Officer (Secondary), Zilla Parishad, Latur within four weeks from today. We direct the Education Officer to pass appropriate orders on the said proposal after considering the record at the earliest. 5) The civil application is disposed of. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl