SUMANT S/O SHAMRAO PUSTOLE Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Shri Jibhkate, learned Counsel for the petitioner, and Shri Yangal, learned Assistant Government Pleader for the respondent.

(2.) The petition is directed against the order dated 18.10.2005 passed by the respondent.

(3.) Shri Jibhkate, learned Counsel for the petitioner, states that in the present petition, the grievance of the petitioner is limited to the extent that though approval is granted to the petitioner for the post of Teacher from "Other Backward Class" category with effect from 13.9.2002, however, same should have been with effect from 1.1.2001. It is submitted that petitioner was appointed on the post of Teacher for the first time in the year 1999 till the end of the said academic session and thereafter was appointed from time to time for the relevant academic sessions with the break in service. The said appointments were also approved by the respondent. It is contended that when the proposal of the petitioner for grant of approval was submitted to the respondent in the year 2001, same was rejected on the ground that petitioner was from open category and there was backlog of 15 posts of "Other Backward Class" category. It is further contended that decision of the respondent was challenged by the petitioner on earlier occasion by filing Writ Petition No.2699/2004, which was disposed of by this Court vide judgment dated 1.4.2005 and in para (3) of the said judgment, it was observed thus :