Government resolutions do not apply retrospectively to appointments made before their enactment.

JUDGMENT :

G.A. Sanap, J.

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 dated 16 November, 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 August, 2010, with all consequential benefits.

3. The petitioner No. 1 was selected and appointed as a Laboratory Assistant vide decision dated 1 August, 2010. The appointment order is dated 1 August, 2010, for three years with effect from 2 August, 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 dated 16 November, 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.

4. The respondent No. 2 has filed the affidavit-in-reply and opposed the petition. In sum and substance, the respondent No. 2 has denied material facts pleaded in the petition. According to the respondent No. 2, the State Government vide the Resolution dated 23 October, 2013 approved the staffing pattern for non teaching staff. As per this Government Resolution, the post of non teaching staff are abolished on superannuation of the present non teaching employees. Similarly, vide Government Resolution dated 12 February, 2015, a direction was issued and it was made clear that vacant post of a non teaching staff should not be filled up until further order. It is contended that the approval was rightly rejected.

5. We have heard the learned Advocate for the petitioners and the learned Assistant Government Pleader for the respondents. We have perused the record and proceedings.

6. The learned Advocate for the petitioners submitted that the Government Resolution dated 23 October, 2013 will not apply retrospectively to the appointment of the petitioner No. 1 made on 1 August, 2010. The learned Advocate submitted that at the relevant time, there was no ban on the recruitment. The learned Advocate for the petitioners submitted that the appointment of the petitioner No. 1 made to a vacant permanent post by following the procedure. The learned Advocate in order to seek support to his submission placed reliance upon the decision in the case of Suresh Hariba Mali and Ors. vs. State of Maharashtra and Ors. in Writ Petition No. 2894/2020 decided on 25-1-2021 and Rahul Namdev Patil and Ors. vs. State of Maharashtra and Ors. in Writ Petition No. 2827/2021 decided on 22-9-2021.

7. The learned Assistant Government Pleader reiterated the facts set out in para 4 and 5 of the reply.

8. There is no dispute that appointment of the petitioner No. 1 was made by following due procedure on a permanent vacant post. The petitioner No. 1 has successfully completed his probationary period. The Management / petitioner No. 2 has supported the claim of the petitioner No. 1. The proposal was submitted for granting approval. The perusal of the record would show that for the relevant year, as per staffing pattern and staffing strength, the post of the Laboratory Assistant was sanctioned and available. It is further pertinent to note that the approval has not been refused on any other ground except the ban on the recruitment.

9. In our considered opinion, there is no substance in the objection. The issue in this petition has