1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1525 OF 1998. Dilipkumar Shrivallabh Mundada, Age 34 years, Occ.Service, R/o Pandurang Niwas, Vazirabad, Nanded. ... Petitioner. Versus 1. The State of Maharashtra. 2. The Deputy Director of Education, Aurangabad Division, Aurangabad. 3. The Education Officer (Secondary), Zilla Parishad, Nanded, Dist. Nanded. 4. Principal, Pratibha Niketan, Junior College, Vazirabad, Nanded. 5. The Yeshwant Kanishta Mahavidyala, Nanded, through it's Principal). 6. Ku.R.D.Naragude, Age major, Occ.Service as Physics Teacher, R/o C/o The Yashwant Mahavidyalaya, Nanded. ... Respondents. ... 2 Mr.S.A.Kulkarni, advocate for the petitioner. Mr.K.G.Patil, Asstt.Govt. Pleader for the State. Mr.U.R.Awate, advocate holding for Mr.S.B.Talekar, advocate for the Respondent No.4 absent. Mr.R.R.Mantri, advocate for the Respondent Nos.5 and 6. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 27.07.2010. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. The present petitioner seeks directions against the Respondents to grant him permanent approval as Physics Teacher in Junior College with retrospective effect and further seeks absorption in the Respondent No.5 College or any other College as Physics Teacher. 2. This Court vide its order dated 16.11.1998, had passed an order to the effect that if there occurs any vacancy, the claim of the petitioner may be considered by the Deputy Director of Education for the post of Lecturer in Physics. Pursuant thereto, the petitioner has 3 been absorbed as Physics Teacher in Shri Hawagiswami Junior College, Udgir, Dist. Latur, vide order dated 22.5.2000. 3. Mr.Kulkarni, learned counsel for the petitioner states that he was not paid the salary from June 1996 onwards till the date of his absorption and claims that petitioner would be entitled for the salary of the said period as he was not absorbed in service though he was entitled to. For no fault of the petitioner, the petitioner is being made to suffer. 4. The Regional Deputy Director of Education has filed affidavit, wherein it has been brought on record that the office of the Deputy Director had brought it to the notice of the management, while giving the temporary approvals, that the backlog is not being filled up and temporary approval is being granted. 5. The statement on affidavit made by the Regional Deputy Director that the petitioner was not appointed on substantive post and as there 4 was backlog, no permanent approval was granted to the petitioner has not been controverted by the petitioner. On the basis of principle of non- traverse, the same goes unchallenged. As such we do not accede to the submission of the petitioner that the petitioner is entitled to the salary since June 1996 till absorption. 6. It is the fact that the petitioner was appointed in the year 1991 and has continuously worked for six years, for no fault of the petitioner and on account of the fault on part of the management, the petitioner could not be absorbed in service. In such peculiar facts and circumstances, we direct that the petitioner be given continuity in service since the date of his appointment i.e. from the year 1991 with further benefits. The Respondent NO.4 should also give the service book to the petitioner in consonance with this directions. However, all consequential benefits shall be made applicable to the petitioner prospectively and not retrospectively. 5 7. Rule made absolute in above terms with no order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp152598