:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 6021 OF 1995 Jan Seva Mandal, Manivali and anr. ..Petitioners Vs. Shri Sadashiv Hari Patil and ors. ..Respondents Mrs. Kranti Hiwarale i/by Mr. P.G. Lad for petitioners. Mr. Mandar Limaye for respondent no.1. Mr. A.P. Vanarase, AGP for State. CORAM: CORAM: CORAM: B.H. MARLAPALLE,J. B.H. MARLAPALLE,J. B.H. MARLAPALLE,J. Date Date Date : July 07, 2008. : July 07, 2008. : July 07, 2008. P.C.: P.C.: P.C.: 1. This petition was allowed as per the Judgment dated 17/1/2008 and consequently the impugned judgment and order dated 16/9/1995 passed by the School Tribunal at Nasik in Appeal No. 58 of 1993 was quashed and set aside. 2. However, thereafter an oral motion was taken out pointing out that the respondent-teacher was, during the pendency of the petition, issued a fresh appointment dated 14/11/2007 and consequent to the same he joined as Assistant Teacher on 26/11/2007 at :2: Kailasvashi Vithal Amrut Patil Vidyalay Dighashi, Taluka Bhiwandi, District Thane. It is further pointed out that as of now the said respondent continues as Assistant Teacher in the said school. 3. The petitioner-management in reply pointed out that the said appointment order dated 14/11/2007 was issued consequent to the letter written by the Education Officer (Secondary), Zilla Parishad, Thane on 20/10/2007. Mr. Limaye the learned counsel for the respondent no.1, therefore, prayed for protection of the appointment of respondent no.1 even if it is treated to be a fresh appointment with effect from 26/11/2007. He further pointed out that after his re-appointment there has been no adverse report against the respondent no.1 and he is otherwise duly qualified (B.Sc. B.Ed.). Both the counsel conceded that they could not bring to my notice, when the petition was decided, that appointment order dated 14/11/2007 was issued. 4. Mr.Prakash Baburao Bagal, Deputy Education Officer, Zilla Parishad, Thane was present before this court and he pointed out that the Education Department :3: will have no objection if the respondent no.1 is continued as a fresh appointee with effect from 26/11/2007 and for being absorbed against future vacancy or any vacancy available in the academic year 2008-09. He also submitted that as and when the management submits the proposal for approval, the same shall be considered vis-a-vis the vacancy available and will be granted subject to the availability of such vacancy. The Education Officer has pointed out that the petitioner-society runs two secondary schools and as against the sanctioned vacancies of 32 Assistant Teachers, 30 posts have been filed in in both the schools combined and there are two vacancies. From the Chart submitted by the Education Officer to the learned AGP, it appears that out of the two vacancies available for this academic year, one may be available for open category. However, this will have to be examined by the Education Officer. 5. The petitioner-management has no objection to continue the respondent no.1 as Assistant Teacher on fresh appointment and to absorb him in any available vacancy in the nearest future, subject, however, to the approval to be granted by the Education Officer :4: (Secondary) Zilla Parishad, Thane. 6. Hence, by consent of all the parties, it is hereby directed that the respondent no.1 will be continued as an Assistant Teacher as a fresh appointee with effect from 26/11/2007 and he shall be absorbed against an available vacancy in the nearest future or as at present. The Education Officer will consider the proposal for approval to be submitted by the Management for fresh appointment and the same will be granted on verification of the vacancies available. In the meanwhile, the salary of the respondent no.1 will be cleared as an Assistant Teacher on temporary basis but on regular payscale of Trained Assistant Teacher in the secondary school and the bill shall be approved by the Education Officer for reimbursement of the salary. 7. The oral motion is disposed off with the above clarifications. (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)