1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WP No. 3980 of 2010 Sau Usha v. ZP, Buldana and anr -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S.P. Palshikar, Adv for petitioner Ms Neeta Jog, Adv for respondent no.1 Mr Gopal Mishra, Adv for respdt no.2 Mr V.A. Thakre, AGP for respdt no.3 Coram: B. P. Dharmadhikari & A. P. Bhangale, JJ Dated: 25th August 2011 1. In furtherance of earlier order passed by this Court on 13th July 2011, petitioner as also respondent no.1 have filed affidavit pointing out that salary of respondent no. 2 is being drawn from the post earlier occupied by petitioner i.e. prior to 18.8.2009. By order dated 18.8.2009, petitioner has been transferred from Education Department to Rural Water Supply Department, Zilla Parishad, Buldana. Presently, petitioner is working under Panchayat Samiti, Motala. 2. We find substance in the contention of Mr Palshikar, learned counsel for petitioner that the Divisional Commissioner has on 6.7.2010 passed order and thereby has ordered restoration of position prevailing on 17.8.2009. The petitioner was not party to those proceedings before the Divisional Commissioner and after getting knowledge of that order after its 2 implementation by Chief Executive Officer, present petition has been filed. 3. Present petition has been filed before this Court on 9.8.2010 and thus period of one year has already expired. This Court has on 31.8.2010 refused to grant interim relief in the petition. 4. In this situation, we direct petitioner to implead Divisional Commissioner, Amravati Division, Amravati as party- respondent no. 3. Amendment be carried out forthwith. Mr V.A. Thakare, learned AGP waives notice for newly added respondent. Petitioner to appear before respondent no. 3 and point out this fact and seek appropriate order. The Divisional Commissioner shall, after hearing petitioner, respondent no. 1 and respondent no. 2, pass necessary orders at the earliest and in any case, within a period of four weeks after the petitioner appears before respondent no. 3. Petitioner to appear before respondent no. 3 on 6th September 2011. 5. Petition is disposed of with this direction, leaving all contentions on merit open for consideration as and when occasion therefor arises. True copy of order be supplied to the Assistant Government Pleader. Judge Judge joshi