1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3252 OF 2008 (Yashwant Bhaiyaji Shette .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 22ND SEPTEMBER, 2008 Heard Shri S.P. Bhandarkar, the learned Counsel for the petitioner and Shri D.B. Yengal, the learned AGP for the respondent Nos.1 to 3. The learned Counsel for the petitioner has submitted that though the claim of the petitioner for grant of approval on the post of Special Teacher in Sant Rashtrasant Tukdoji Muk Badhir Vidyalaya, Chimur was disallowed by Social Welfare Officer, Zilla Parishad, Chandrapur, vide order dated 30.11.2007, the appellate Authority i.e. the Divisional Social Welfare Officer i.e. the respondent No.2 vide order order dated 16.08.2007 passed in the appeal filed by the petitioner against the order dated 30.07.2007, it is held that the petitioner is entitled for grant of temporary approval till such time the regular candidate is appointed. It is also held that the management to submit the proposal in this regard to the Social Welfare Officer, who is expected to consider 2 the issue and grant temporary approval till the regular candidate is appointed from the category of Scheduled Tribe. The learned Counsel for the petitioner submits that the management has submitted the proposal to the Social Welfare Officer dated 17.09.2007 in this regard. However, till this date, no action is taken by the Social Welfare Officer and, therefore, appropriate direction be given in this regard. This Court granted time to the respondents on earlier occasion to seek instructions in this regard in order to make statement. However, in spite of grant of time, it is reported that the necessary instructions are not received from the concerned authorities. We have considered the contentions canvassed by the learned Counsel for the petitioner and perused the appellate order dated 16.08.2007. It is not in dispute that the order dated 16.08.2007 is not challenged by the respondents and, therefore, is holding field. In the circumstances, we dispose of the present writ petition with a direction to the Social Welfare Officer to decide the claim of the petitioner for grant of temporary approval as well as other benefits as per the directions issued by the Divisional Social Welfare Officer vide order dated 16.08.2007, if there is no other legal impediment in 3 doing so, at the earliest. Steno copy of this order duly authenticated by the Court Sheristedar be furnished to the learned AGP to act upon. JUDGE JUDGE *rrg.