1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 5032 OF 2009 (Gangadhar Sakharam Tonde .v. Zilla Parishad and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri M.I. Dhatrak, Advocate for the petitioner. Shri G.G. Mishra, Advocate for the respondent Nos.1 and 3. CORAM : D.B. BHOSALE AND PRASANNA B. VARALE, JJ. 18TH JUNE, 2010. Heard learned Counsel for the parties. Learned Counsel for respondent Nos.1 and 3, at the outset, submits that the order dated 02.03.2009 passed by respondent No.1 and which is impugned in the present petition is appealable under Rule 13 of Maharashtra Zilla Parishad Services (Discipline and Appeal) Rules, 1964 and appeal would lie before the Divisional Commissioner. Having confronted with this, learned Counsel for the petitioner prays for withdrawal of the present petition with liberty to the petitioner to file appeal before the Divisional Commissioner. He further submits that the Divisional Commissioner be directed to decide the appeal, that will be filed by the petitioner, without entering into an issue of limitation. The petition is disposed of as withdrawn with liberty as prayed. If the petitioner files appeal, as aforestated, within a period of four weeks from today against the order dated 02.03.2009 passed by respondent No.1, the appellate Authority shall consider and decide the same on merits and in accordance with law and without entering into the issue of limitation. Insofar as payment of subsistence allowance is concerned, learned Counsel for respondent Nos.1 and 3 submits that after the order passed by this Court on 13.03.2009 in Writ Petition 1039 of 2009, they considered the representation made by 2 the petitioner in pursuance of the said order and have deposited the subsistence allowance which the petitioner was entitled for directly in his account on 28.07.2009. In view thereof, we are not considering the prayer clause (ii) in the petition. If the petitioner has any grievance about the amount, that has been deposited towards the subsistence allowance in his account, he may approach respondent No.1 with his representation demonstrating therein as to how the amount deposited is not correct. If the petitioner approaches respondent No.1 within a period of four weeks from today, respondent No.1 shall consider his representation and pass appropriate orders thereon expeditiously. With these observations petition is disposed of. JUDGE JUDGE *rrg.