1 W.P.NO.4799 OF 2009 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4799 OF 2009 Arun Dagaram Suryavanshi : Petitioner. Versus The President – Padamshri Annasaheb Jadhav Bharatiya Samaj Unnati Mandal and ors. : Respondents. Smt.Deepali Patil for the Petitioner. Mr.Vaibhav Nagvekar i/by M/s.Judicature Law Associates for the Respondent Nos.1 and 2. Smt. M P Thakur AGP for Respondent Nos.3 to 6. CORAM : P B MAJMUDAR, R M SAVANT, JJ. DATED : 28th July 2010 P.C. 1 By way of this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner takes exception to the order dated 23/04/2004 passed by the Respondent No.4 and the order dated 31/3/2006 passed by the Respondent No.1 Management by which the Petitioner’s services have been terminated. 2 The Petitioner further seeks a relief that a direction may be issued to the Respondents to continue the Petitioner as an Assistant Teacher. It is an undisputed position that the Petitioner now holds the qualification required for the post of Assistant Teacher in a Ashram School. The said fact is evidenced by the letter dated 29th September 2007 issued by the Project Officer, Integrated Tribal Development Office by which letter the Respondent No.1 Management was directed to take steps to appoint the Petitioner in accordance with law as he now fulfills the requirement for the post of Assistant Teacher. 2 W.P.NO.4799 OF 2009 3 This Court as on earlier date i.e. on 14/06/2010 had passed an order by which order the Respondent No.1 was directed to issue appointment letter to the Petitioner if he so fulfills the qualification required for the post in question. Today the learned counsel for the Respondent No.1 Management Mr.Nagvekar tenders a letter dated 20th July 2010 addressed to the Petitioner by which letter appointment has been given to the Petitioner as an Assistant Teacher. In so far as the said letter is concerned, the learned counsel for the Petitioner accepts the position that the Petitioner has been so appointed by the said letter, however, draws our attention to clause 2 of the said letter wherein it is mentioned that it would be the responsibility of the Petitioner to obtain approval to the post in question and the Management would not be concerned in any manner. 4 In our view, the obligation cast upon the Petitioner vide clause (2) of the said letter is totally unwarranted and it is for the Management to submit requisite papers for seeking approval to the authorities concerned and the authorities concerned are obligated to consider the said proposal that would be sent by the Management in accordance with law and especially having regard to the letter dated 29th September 2007 to which we have alluded to in the earlier part of this order. We therefore take the said letter dated 20th July 2010 on record and marked “X” for identification and direct the Respondent No.1 Management to submit the requisite papers for seeking approval to the appointment of the Petitioner to the concerned authorities i.e. Education Officer, Zilla Parishad, Dhule within a period of four weeks from date. 3 W.P.NO.4799 OF 2009 5 The concerned Education Officer would consider the said proposal and pass appropriate orders having regard to the observations made in the earlier part of this order within a period of six weeks of the receipt of the said proposal. 6 The learned counsel for the Respondent No.1 Management also states that the back wages have already been paid to the Petitioner, the learned counsel for the Petitioner does not controvert the same. 7 With the aforesaid directions, the above Petition is disposed of. [R M SAVANT,J] [P B MAJMUDAR,J]