IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5190/2006 (Shyamchand Kawdu Nagpure and others vs. Education Officer, Bhandara and others) WITH WRIT PETITION NO. 1103/2007 (Shri Nilkanth Vishwanth Kapgate vs. State of Maharashtra and others) WITH WRIT PETITION NO.1379/2007 (Shri Shyamchand Kawaduji Nagpur and others Vs. State of Maharashtra and ors) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri A.Z.Jibhkate, Adv. for petitioners Shri A.S.Fulzele, AGP for R-State Shri Anand Parchure, Adv. for Respondents CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 16 th JUNE, 2008. Heard counsel for the parties. Counsel for Respondents 2 & 3 submits that the Education Officer has accorded approval to the appointment of the petitioners herein. In view of this development, nothing survives for consideration in the present petition. The said respondents, however, submit that the pay bill has already been forwarded to the Education Officer along with communication dated 21st May, 2008. Counsel for the petitioners submits that the pay bill does not cover all the admissible claims of the petitioners. It is not necessary for us to enter into that controversy. We hope and trust that the Education Officer will examine all relevant aspects in that behalf and issue necessary direction as may be advised. All questions in that behalf are kept open. In our opinion, no further investigation into the issues raised in the present petition would survive for consideration. Hence, petitions are disposed of on above terms. We record the assurance given on behalf of Respondents 2 & 3 through counsel that the deficiencies pointed out by the Education Office in the pay bill will be remedied within one week's time from today. That assurance is accepted. In so far as W.P.No. 1103/07, filed by Nilkanth Vishwanath Kapgate, it is brought to our notice that the Education Officer has erroneously inserted condition no.1 making petitioner's approval subject to circular issued by the Director of Education, Pune, dtd. 22.12.1995. According to the petitioner, the said circular will have no application to the case of the petitioner for the simple reason that his appointment was against the vacant post and not in respect of vacancy arising out of removed incumbent, whose appeal is pending. Education Officer shall consider that aspect and take steps to efface Condition No.1 referred to above if so advised. That be done within two weeks from today. JUDGE JUDGE Rvjalit