1 WP 6362 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6362 of 2009 Mahadeo Baburao Mapate and Ors. ..... Petitioners V/s. The State of Maharashtra and Ors. ..... Respondents Mr.Vishwanath S. Talkute, for the petitioners. Mr.V.S.Gokhale, AGP, for respondent Nos.1 and 2. Mr.Rajaram Bansode, for respondent No.4. None for respondent No.3. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 27th JULY, 2010. P.C. 1. The petitioners herein are working as teachers in the respondent No.4 College, which is run by the respondent No.3 Trust. The principle grievance of the petitioners is that by order dated 23­03­2009, the respondent No.2 has refused to grant approval to the petitioner’s service from the date of their initial appointment i.e. between the period of 1991 to 1997. The said approval has been rejected on the ground that at the relevant time, the College in question was unaided and became an aided college subsequently. The petitioners rely upon an unreported Division Bench Judgment of this Court in Writ Petition (L) No.989 of 2006 dated 27­04­2006 (Coram : F.I.Rebello & Anoop V. Mohta, JJ., as His 2 WP 6362 of 2009 Lordship Justice Rebello then was). The said judgment inter alia lays down that though the approval cannot be granted from the date when the said College was unaided, however, service rendered by the petitioners when the college was unaided would have to be taken into consideration for all other purposes i.e. for fixation of pay scale and retiral benefits, etc. 2. The learned AGP draws our attention to the communication dated 13­07­2010 addressed to the Assistant Government Pleader by the Deputy Director of Education, Kolhapur, wherein it has been stated that the proposal submitted by the respondent No.3 would be considered and decision would be taken thereon by the authorities and that the same would be communicated to the respondent Nos.3 and 4. 3. In the light of the said communication dated 13­07­2010, we direct that the said proposal forwarded by the respondent No.3 in respect of the petitioners should be considered by the authorities in accordance with law and especially in the light of the judgment of the Division Bench (Supra) and the decision to be taken on the same within a period of four weeks of this order being produced before the Deputy Director of Education by the petitioners/respondent No.4. The petitioners/respondent No.4 to appear before the Deputy Director of Education, Kolhapur, on 09­08­2010. The period of four weeks as stipulated above, would be counted from the said date. 3 WP 6362 of 2009 4. With the aforesaid directions, the above writ petition is disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )