1 wp2142.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2142 OF 2011 Vilas s/o Namdeo Jangale, Age: 30 years, Occ: Service, Presently working as a Peon in Madhyamik Vidyalaya at Kumbharkhede, Tq. Raver, District Jalgaon. ...PETITIONER VERSUS The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai-32 & Ors. ...RESPONDENTS ... Mr. S.R. Barlinge, Advocate for the petitioner. Mr. S.K. Kadam, A.G.P. for respondent Nos.1 and 2. ... CORAM: P.B. MAJMUDAR & S.S. SHINDE, JJ. DATE : 26TH APRIL, 2011 PER COURT : By way of this petition, the petitioner has prayed for issuance of appropriate writ, or order challenging the impugned decision dated 06-12-2001 which is annexed at Exhibit-D to the petition, by which the Education Officer 2 wp2142.11 (Secondary), Zilla Parishad, Jalgaon has not granted approval to the petitioner's appointment on the ground that the certain defects has not been met with while granting approval. 2. The decision of the Education Officer (Secondary), Zilla Parishad, Jalgaon dated 06-12-2001 has been challenged by the petitioner after more than ten years. The learned Counsel for the petitioner submitted that the decision of the Education Officer (Secondary), Zilla Parishad, Jalgaon, in respect of not granting approval, is wrong. The learned Counsel for the petitioner relied upon the decision of the Full Bench of this Court in case of New English High School Associastion Nagpur and another vs Baldev s/o Fakira Ade and another reported in 2006(6) Mh.L.J. 882 in connection with roster point. 3. In our view, the claim made by the petitioner is too stale. Even though approval was not granted by the Officer in 2001, the petition 3 wp2142.11 is filed after more than ten years. The decision taken ten years back cannot be challenged by way of this petition. 4. The learned Counsel for the petitioner states that in spite of approval is not granted, the Management has already appointed the petitioner and salary paid from their own pocket. If that is so, it is for the Management to pay the salary from their own pocket, without asking any grant from the Government, so far the petitioner is concerned. If the petitioner is still continued in service, it will be open to the Management to send fresh proposal to the State. If such proposal is received, it is for the State to consider the same, in accordance with law. It is clarified that in case approval is not granted, the Management cannot claim any salary grant from the State. It is also clarified that whether fresh approval is required to be granted, is a question to be decided by the Education Officer (Secondary), in accordance with law and on this 4 wp2142.11 aspect, we have not expressed any opinion. 5. In view of above, the learned Counsel for the petitioner is not pressing this petition. Accordingly, it is disposed of, as withdrawn. [S.S. SHINDE, J.] [ P.B. MAJMUDAR, J.] sut/Apr11