1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 731 of 2009 Ganpat Wanjari v. State and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Amol Deshpande, Adv for petitioner. Mr D.P. Thakare, AGP for respdts 1 to 3 Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 5th March 2009 Heard Mr Amol Deshpande, learned counsel for the petitioner. Writ Petition is directed against the communication dated 27.8.2008 issued by the District Social Welfare Officer, Zilla Parishad, Wardha to the head-master of respondent no.5 School run by respondent no.4, whereby it is communicated that the Society has appointed petitioner on the post of Peon with effect from 24.9.1999, whereas Shri S.P. Satone was working on the post of Peon with effect from 1.7.1986; there is only one post of Peon which was already occupied by Shri Satone; salary for the said post was already paid to Shri Satone and, therefore, the 2 Social Welfare Officer refused to grant approval to the appointment of petitioner. In the impugned communication, it is observed that since the appointment of petitioner was made by the Society without following procedure and rules, it shall be the responsibility of Society to make payment of salary of the petitioner. In the backdrop of the above-referred facts, conclusion arrived at by the Social Welfare Officer, in our view, is sustainable in law. Hence, no case is made out for showing indulgence. However, in view of the observations made by the Social Welfare Officer, responsibility to pay salary is imposed on the management. With this observation, writ petition is disposed of. Judge. Judge. hsj