1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.4603 of 2007 (Vishwanath Gopalrao Khobragade .vs. The Edu. Officer (Sec.), Z.P.Bhandara and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : 13.03.2008. Heard Mr.S.P.Palshikar, Adv. for the Petitioner, Mrs.Dangre, Assistant Government Pleader for the Respondent No.1 and Mr.S.S.Tambulkar, Adv. for the Respondent No.3. Counsel for the petitioner states that the petitioner in the present Writ Petition is challenging grant of approval to the appointment of respondent no.3 given by the Education Officer (Secondary), Zilla Parishad, Bhandara. Learned counsel for the petitioner has contended that, on the earlier occasion, vide communication dt. 10.4.2007 addressed to the Principal of the School in question, he was informed the reasons for not granting approval to the appointment of respondent no.3; however, after a period of one month, the order of approval came to be issued and therefore, appropriate direction in this regard be given. Mrs.Dangre, Assistant Government Pleader has submitted 2 that, on the earlier occasion, the respondent no.3 had filed Writ Petition No.1369 of 2007 in which this Court has passed the following order dt. 12.9.2007 : “(i) Learned A.G.P. tenders a copy or an order of approval dated 28th May, 2007. The same is taken on record. (ii) Following the above mentioned order of approval; it would also be necessary to issue communications adverse to petitioners which, in fact, are nullified by the present approval. (iii) Learned A.G.P. Mrs. Taiwade undertakes to instruct the Education Officer to act upon the approval and not to act upon the adverse communications issued in past which have led the petitioner to file this petition. (iv) Petitioner's grievance is, thus redressed. Hence, petition is disposed of as 'infructuous'.” Mrs. Dangre, Assistant Government Pleader, therefore, contended that in view of the said order, approval came to be issued. We have considered the rival contentions. The petitioner, in the instant petition, happens to be one of the teachers who were earlier appointed in the School and whose services came to be terminated by the Management and therefore, the petitioner has filed appeal before the Tribunal which is pending. In that view of the matter, on this short ground, the petition can be disposed of on the point of locus. However, even on merits, in view of the above facts and 3 circumstances, in our view, no case is made out for showing indulgence. Hence, the Writ Petition is dismissed. JUDGE JUDGE ssj