1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7882 OF 2009 Shri S.I. Pathan ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr Amit Sale for Petitioner. Mr S.N. Patil, AGP for Respondent Nos.1 to 3. Mr A.A. Joshi for Respondent Nos.4 and 5. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 11TH JANUARY 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The case of the petitioner is that he was appointed as Peon in the School of respondent no.4 since the year 2004. There is some controversy between the parties whether the proposal for approval was submitted by the Management to the Department in the year 2005 or not. Now there is no dispute in view of the affidavit filed on behalf of the Management that the Management has addressed a letter dated 17th July 2008 seeking approval to the appointment of the petitioner as a Peon in the post that became vacant due to retirement of Shri K.D. Thorat as Peon. Admittedly, that proposal has not been yet decided by the Deputy Director. The case of the petitioner is that in 2004 itself, he was appointed against a vacant post and therefore, he is entitled to have his appointment approved from the date of his appointment. Earlier, the Department 3 had not passed any order on the proposal submitted by the Management because according to the Department, the Government had under its consideration the staffing pattern of the technical institutions, but now in the year 2009 the Government has issued Government Resolution in that regard and therefore, it appears that now there will be no difficulty in the Deputy Director considering the proposal submitted by the Management as also the objection that the petitioner may submit and making order in accordance with law. In our opinion, therefore, following order would meet the ends of justice. 3] The petitioner shall within a period of three weeks from today submit any objection that he may have to the proposal submitted by the Management dated 17th July 2008 before the respondent No.3  Deputy Director. The petitioner shall serve a copy of his objection before presenting it to the Deputy Director on the Management. Thereafter, the Deputy Director shall grant an opportunity of being heard 4 to both the petitioner and the Management and employees who may be likely to be adversely affected by his decision and thereafter make an order in accordance with law as expeditiously as possible and in any case within a period of three months from the date on which the objection of the petitioner is filed and communicate it to all concerned. The remedy that may be available to all the parties are kept open. All contentions are also kept open to the parties. Petition is disposed off with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )