SANDEEO GAUTAM KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioners are seeking directions to quash and set aside the communication / letter dtd. 16/11/2017 rejecting approval to the appointment of petitioner No.1 to post of the Laboratory Assistant, issued by the respondent No.2. The petitioners are also seeking direction to the respondent No.2 to grant approval to the appointment of the petitioner with effect from 2/8/2010, with all consequential benefits.

(3.) The petitioner No.1 was selected and appointed as a Laboratory Assistant vide decision dtd. 1/8/2010. The appointment order is dtd. 1/8/2010, for three years with effect from 2/8/2010. After appointment, the petitioner No.1 joined the duty. The appointment of the petitioner No.1 was made in a vacant post by following the due procedure. The petitioner No.1 belongs to Scheduled Caste category. As per the advertisement, the said reserved category post was duly advertised. The Management forwarded the proposal to the respondent No.2 for approval. The respondent No.2 vide communication dtd. 16/11/2017 rejected the approval to the appointment of the petitioner No.1 on the ground that at the relevant time there was ban on the recruitment. It is the case of the petitioners that the grounds stated by the respondent No.2 is not according to law. The respondent No.2 has wrongly refused the approval.