1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.386 of 2011 (Dinesh S. Kolhe v. Divisional Social Welfare Officer and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.B. Patil, Advocate for Petitioner. Smt. T.D. Khade, AGP for Respondent Nos.1 and 2. Shri J.B. Kasat, Advocate for Respondent No.3, 4 and 5. Coram : R.K. Deshpande, J. Dated : 7 th March, 2011 1. This petition challenges the order dated 24-12-2010 passed by the respondent No.1-Divisional Social Welfare Officer/Appellate Authority, Amravati Division, Amravati, in Appeal No.8 of 2009, whereby the order dated 1-10-2009 passed by the respondent No.2-Special District Social Welfare Officer, Yavatmal, has been confirmed. 2. On 14-2-2011, this Court had passed an order as under : “This petition challenges the order dated 1-10-2009 passed by the Special District Social Welfare Officer refusing to grant approval to the appointment of respondent No.3. While deciding this question, certain observations are made on the question of nature of appointment of the petitioner. The appeal filed by the petitioner is pending for adjudication before the 2 Divisional Social Welfare Officer/Appellate Authority. In view of this, the matter can be disposed of by holding that the findings recorded against the interest of the petitioner in the order impugned shall not come in the way of the petitioner while deciding the appeal, challenging the termination. On this short question, issue notice for final disposal of the matter to the respondents. Mr. Kasat, the learned counsel waives service of notice for respondent no.3. Smt. Taywade, the learned AGP waives service of notice for respondent nos.1 and 2. The petitioner to take Hamdast and serve the respondent nos.4 and 5. Notice be made returnable on 28/02/2011. The petitioner is permitted to place the copy of the order dated 1.10.2009 on record.” In response to this, Smt. Khade, the learned AGP, appears for respondent Nos.1 and 2; and Shri Kasat, the learned counsel, appears for respondent Nos.3, 4 and 5. 3. Shri Patil, the learned counsel appearing for the petitioner, submits that the petitioner would like to move an 3 application for transfer of the appeal pending before respondent No.1 to any other competent authority. However, this is not the subject-matter of the petition and hence no direction can be issued in that respect. 4. The learned counsels appearing for the parties agree that the observations made on the question of the nature of the appointment of the petitioner in the order dated 24-12-2010 passed by the Divisional Social Welfare Officer/Appellate Authority, Amravati Division, Amravati, shall not come in the way of the parties in any other proceedings. 5. With these observations, the petition stands disposed of. No costs. Judge pdl