1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4359 OF 2009 Mrs.Jayashree Shankar Chavan ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents Mr.N.V. Bandiwadekar for the Petitioner. Mr.A.P. Vanarase, AGP for Respondent Nos.1 and 2. CORAM : V.M. KANADE, J. DATED : JULY 16, 2009 P.C. :- 1 Heard learned Counsel for the petitioner and learned AGP for the State. 2 The same issue which had arisen in Writ Petition No.4635/2009 is also subject matter of dispute in this petition. The Deputy Director of Education  respondent no.2 herein, by his order dated 5.4.2006 had refused to grant approval to the appointment of the petitioner as Shikshan Sevak with effect from 2002 on the ground that the backlog of 2 the reserved category candidates is not filled up which has been held in number of cases by this Court that Deputy Director cannot refuse to grant approval only on that ground particularly, when the petitioners have been appointed on a open category post and the vacancy is available in the said open category. 3 Therefore, for the reasons stated in the writ petition no.4635/2009, the petition is allowed. The impugned order dated 5.4.2006 is hereby quashed and set aside. The Deputy Director of Education shall give sanction to the appointment of the petitioner as Shikshan Sevak from open category and release the salary of the petitioner within four weeks from today. 4 The Writ Petition is disposed of. 5 It is made clear that the approval would relate back to the date when management first 3 appointed the petitioner by following due process and forwarded the proposal to respondent no.2. On approval being granted, the period of three years be worked from the date of first appointment and the petitioner, if approval is granted, would be entitled to be absorbed as Assistant Teacher on completion of three years service. It is also made clear that the honorarium/salary on approval be paid to the petitioner in terms of the rules. (V.M. KANADE, J.)