The main legal point established in the judgment is that the appointment of the petitioner was from the open category and not against any reserved category, leading to the grant of permanent approval and payment of outstanding salaries.

JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. By the first petition, the petitioner has sought reliefs in terms of prayer clauses 35(B) and 35(C) as under:

“(B) By issuing writ of certiorari or any other appropriate writ, order or direction, the Judgment and Order dated Nil passed by respondent No. 2, rejecting claim of the petitioner for permanent approval to her appointment as an Assistant Teacher in respondent No. 5 school, communicated along with covering letter dated 20-6-2019, so also the Judgment and Order dated 20-9-2019 passed by respondent No. 1, dismissing appeal of the petitioner, may kindly be quashed and set aside.

(C) By issuing writ of mandamus or any other appropriate writ, order or direction, the respondent No. 1 to 3 may kindly be directed to grant permanent approval to the appointment of the petitioner as an Assistant Teacher in respondent No. 5 school and to pay her salary from the salary grants payable to the respondent No. 5 school from the academic year 2010-11 and to continue to pay her salary in future from the salary grants payable to respondents No. 5 school.”

3. The petitioner was appointed as an assistant teacher in respondent No. 5 school, which was receiving 100% grant-in-aid, with effect from 10-6-2006. The petitioner was continued in service vide an appointment order dated 12-7-2007 for the academic year 2007-2008. The said appointment was approved by respondent No. 3 for the said academic year, vide order dated 30-1-2008. As such, the service of the petitioner from 10-6-2006 till the end of the academic year 2008, was approved by the Special District Social Welfare Officer, Latur.

4. The petitioner claims that she completed two years in service which were treated as a probation period and she was appointed as an assistant teacher on permanent basis vide the order of appointment dated 31-5-2008. She claims that she should have been granted approval on permanent basis. However, the Special District Social Welfare Officer continued to grant approval on year to year basis till the academic year 2009-2010. In view of such approvals granted by respondent No. 3, the petitioner was paid her salary from the salary grants till academic year 2009-2010.

5. The petitioner claims, on the basis of the order dated 6-2-2015, that she continued from the academic year 2010-2011 with a temporary approval and by order dated 6-6-2015, her service from academic year 2011-2012 till academic year 2014-2015 were again approved on temporary basis. She submits that after 2010, she has not been paid her regular salary.

6. The petitioner submits that since she was tired out by the respondents, she approached this Court by filing Writ Petition No. 5730 of 2018 praying for permanent approval to her appointment and payment of her salary. By the order dated 21-1-2019, this Court recorded in paragraph Nos. 4, 5, 6 and 7 as under:

“4. In case the respondent-school is a Post Basic Ashram School, then MEPS Rules apply. The amendment is introduced on 8-7-2008 enhancing the reservation to 52%. The reservation as on the date of appointment of the petitioner shall have to be considered. Before the amendment came into force, the petitioner became a deemed permanent employee. The said aspect was also required to be considered by the authorities. The same appears to have been not considered.

5. The Management shall submit fresh proposal seeking permanent approval to the appointment of the petitioner. The respondent shall consider the reservation as on the date the petitioner is appointed and shall take decision on the proposal seeking permanent approval within three months from today.

6. It is not disputed that, the petitioner is working on the said post. The petitioner- management shall submit fresh salary bills in respect of the payment of the salary to the petitioner from 2010-11 to 2014-15. On receipt of the same, the decision shall be taken within two months on th