1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.879 OF 1999. Umakant S/o Siddheshwar Swami ... Petitioner. Versus The Education Officer (Secondary) and others. ... Respondents. ... Mr.S.R.Barlinge, advocate for the petitioner. Mr.K.G.Patil, Asstt.Govt. Pleader for the State. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 12.08.2010. ORAL ORDER (Per S.V.Gangapurwala,J.) 1. The petitioner vide the present petition impugns the order dated 13.11.1997 issued by the Education Officer (Secondary), Zilla Parishad, Latur, thereby cancelling the approval given to the petitioner as a full time 2 librarian and approving the petitioner as a part time librarian, so also passing an order to recover the salary paid to the petitioner as a full time librarian. 2. It is not disputed that the petitioner was granted approval by the Education Officer as a full time librarian for the year 1996-97. He was also paid salary as a full time librarian. Thereafter, abruptly on 13.11.1997, the Education Officer without hearing the petitioner cancelled the said approval and directed that the petitioner be given approval as a part time librarian. It is settled position of law that once the approval has been granted to the petitioner as a full time librarian then no orders could have been passed adverse to the interest of the petitioner revoking the approval without giving an opportunity of hearing to the petitioner. In light of the above, we quash and set aside the order impugned. Rule made absolute in terms of prayer clause (A) and relegate the matter to the Education Officer for fresh decision regarding grant of approval after 3 giving an opportunity of hearing to the petitioner. 3. We quash and set aside the order of recovery. The approval was given to the petitioner not on the basis of any fraud or misrepresentation made by the petitioner, in such circumstances, the Apex Court in the case of "Syed Abdul Qadir and others Vs. State of Bihar and others" (2009) 3 Supreme Court Cases 475, has laid down that if an employee has been paid the salary and the same is not attributable to any fraud or misrepresentation on his part then no recovery can be made. 4. Rule made absolute accordingly. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp87999 4