WA 215/2010 BEFORE THE HON’BLE MR JUSTICE IA ANSARI THE HON’BLE MR JUSTICE B.D. AGARWAL Heard Mr. MU Mahmud, learned counsel for the appellant, and Mr. V.M. Thomas, lea rned counsel, appearing on behalf of the respondents. This appeal is directed against the order, dated 13.08.2009, passed in WP(C) No.4585/2008, whereby the a ppellant’s writ petition has been allowed by directing that the appellant shall be entitled to get his arrear salary with effect from 01.01.2003, and not from t he date as mentioned in the impugned order, dated 10.10.2008, which had been pas sed by the Director, Higher Education, Assam, allowing the appellant to draw arr ear salary with effect from 12.06.2007. During the course of hearing of this appeal, it transpires that the impugned ord er, dated 13.08.2009, was a fallout of the observations made, and the directions given, by the judgment and order, dated 08.05.2007, passed in WP(C) No.7872/200 3, whereby a learned Single Judge of this Court had held as follows: In view of the aforesaid situation and taking note of the Rules and Guidelines governing such matters, it cannot be said that the authority was wholly justifie d in approving the appointment of the petitioner w.e.f 27.11.2002 and in fact th e authority should have approved the appointment of the petitioner w.e.f 25.03.9 8 as approved by the Governing Body like the other teachers of the college. Acco rdingly, in view of the discussions, this writ petition stands allowed and appoi ntment of the petitioner in the post of Lecturer in Economics in Kharupetia Coll ege be treated as approved w.e.f. 25.03.98. However, the petitioner would get th e necessary financial benefit only from the date of his approval. From the observations made, and the directions given, which we have reproduced a bove, it transpires that while the appellant’s appointment, as lecturer, in the subject of Economics, in Kharupetia College, was approved in the writ petition, namely, WP(C) No.7872/2003, with effect from 25.03.98, the appellant’s entitleme nt for financial benefit was given from the date of approval given by the Direct or, Higher Education, the approval being 27.11.2002. Having noticed that there m ay be apparent contradiction between what had been effectively concluded and the ultimate directions, passed by the judgment and order, dated 08.05.2007, it is submitted by Mr. Mahmud, learned counsel for the appellant, that the appellant s eeks to withdraw this writ appeal with liberty to file either an application for review of the judgment and order, dated 08.05.2007, aforementioned, or an appea l against the said order and the appellant may also be given the liberty to chal lenge the presently impugned order, dated 13.08.2009, passed in WP(C) No.4585/20 08, in future, by way of appeal, if it so becomes necessary. Having considered the matter in its entirety, we, in the interest of justice, di spose of this appeal as withdrawn by the appellant with liberty to the appellant as has been sought for by him. No costs.