With the result, Shri S.S. Gangapurkar was promoted as a Chief Clerk and so also Shri V.B. Patil who was the junior most employee was promoted as a Junior Clerk w.e.f.
The appellant belongs to the Other Backward Class OBC category.
Relying upon the aforementioned resolution dated 1.3.2000 whereby the Government had imposed ban on the recruitment on the posts which have fallen vacant on account of retirement, voluntary retirement, resignation or death of incumbent, it was justified by the Government that the post on which the petitioner was appointed and become vacant on 31.10.2000 on account of the retirement of one Shri A.P. Mahajan, the then Chief Accountant working in the school and therefore it was companytrary to the Government Resolution.
The appellant, therefore, approached Aurangabad Bench of the Bombay High Court by way of a writ petition.
The respondent number2, however, chose to keep mum.
1.1.2001 vide letter dated 30.12.2000.
He was a science graduate and had worked as a clerk in a private bank.
Arising out of SLP C No.1035 1036 of 2004 S. SIRPURKAR,J. Leave granted.
1 and 2 wherein they justified their order was an outcome of the Government Circular No.
Significantly, this post had become vacant since the earlier employee working on this post was promoted.
It was on this ground alone that the writ petition was dismissed and even the review petition was failed, as has been stated earlier and that is how the appellant is before us.
It is for the first time that before the High Court that a reply came to be filed by Respondent Nos.
V.G.T 1000/PK 13/2000/Finance Bill 19/Dt.26th February, 1999 issued on Ist March, 2000.
He applied to an advertisement issued by respondent number 3 dated 23.12.2000 inviting applications for the post of Junior Clerk.
The respondent management also personally approached and requested the department to give details about the reasons for the abrupt action of cancellation of the approval.
1.11.2000.
The respondent No.4 also wrote a letter dated 22.6.2002 to the Education Officer requesting to give details or reasons for the cancellation of appointment.
A representation was made against this letter by the appellant to the management.
This approval was granted w.e.f.
The judgment of the Bombay High Court dismissing the writ petition filed by the appellant herein as also the subsequent order dismissing the review petition are challenged in this appeal.
Appellant herein came to be appointed by Leva Education Union, Leva Boarding Zilla Peth, Jalgaon, hereinafter called the Management in Nandinibai Vamanrao Girls High School, Jalgaon w.e.f.
