1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3089/2007 (Radheshyam Ganpat Panchbudhe VERSUS Municipal Council Tirora thro. Chief Officer & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. A.S. Mardikar, counsel for the petitioner. Mr. M.I. Dhatrak, counsel for the R-1 & 2. Mrs. I.L. Bodade, Assistant Government Pleader for the R-3. Mr. J.P. Pendsey, counsel for the R-4. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : MARCH 25, 2008. Heard. The counsel for the petitioner states that the writ petition is directed against the order dated 30.06.2007 passed by the Chief Officer, Municipal Council, Tirora, whereby the respondent no.4 is promoted to the post of Head Master. Considered the contentions canvassed by the respective counsel and perused the impugned order. A perusal of the impugned order clearly demonstrates that the said order is a conditional order, which is made subject to the approval by the Education Officer (Secondary), Zilla Parishad, Gondia. 2 If that is so, it is for the Education Officer to consider the eligibility of the petitioner vis-a-vis respondent no.4 as per the seniority and procedure applicable in this regard. Hence, we dispose of the petition with direction to the Education Officer to consider this aspect accordingly within a period of six weeks from the date of communication of this order. The petitioner undertakes to remain present before the Education Officer (Secondary), Zilla Parishad, Gondia on 08.04.2008. In the backdrop of the above referred facts, the present writ petition is disposed of accordingly. Needless to mention that the survival of the impugned order shall depend upon the order passed by the Education Officer (Secondary), Zilla Parishad, Gondia. JUDGE JUDGE APTE