MC 2682/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR HON’BLE MR JUSTICE BP KATAKEY The application is filed with the prayer as follows :- & & that Your Lordships upon perusing this petition and considering the facts a nd circumstances as stated above, may be pleased to direct th Opposite Parties t o allow the misc. petitioner to discharge the function as Zilla Sainik Welfare O fficer respectively of Zunebhoto and Wokha in its meaningful terms and further d irect the authority to take all such steps for handing over the keys, papers etc . and also be pleased to direct further the authority to release the salary of t he misc. petitioners not paid for the last 11 months and also to pay their futur e salary regularly and/or pass such orders as deem fit and proper. The two applicants herein were initially appointed as Zilla Sainik Welfa re Officer whose appointment came to be challenged by a writ petition filed by t he respondents Nos.1 and 2 herein. By the judgment under appeal the writ petitio n was allowed. Aggrieved by the same the applicants herein preferred Writ Appeal No.218/09. By an order dated 15-7-09 while admitting the appeal this court thou gh it fit to keep the judgment judgment under appeal under suspension during the pendency of the appeal. The complaint of the applicants in the present applicat ion is that inspite of the interim orders the State respondents are not permitti ng the applicants to join duty and further that the applicants have also not bee n paid their salary and other allowances due to them. It appears from the record that the State of Nagaland issued a notificat ion dated 12-8-09 the relevant portion of which reads as follows :- No.Home/SSA/8/81(Vol-II)(Pt). In pursuance of an interim judgment and order pas sed by the Hon’ble Principal Seat of the Guwahati High Court, Guwahati on 15 Jul , 2009 in the matter of writ appeal/case No.WA-218/2009 ordering interim suspens ion of judgment under appeal passed by the Hon’ble Guwahati High Court, Kohima B ench on 17 Jun, 2009, this Department Notification No. Home/SSA/8/81(Vol-II)(Pt) dt 14 Jul, 2009 canceling the appointment of Mr G Khekavi Zhimo as Zila Sainik Welfare Officer, Wokha and Mr Kohito Achumi as Zila Sainik Welfare Officer, Zunh eboto is hereby withdrawn. From the above it is obvious that even the State, which had earlier issu ed directions cancelling the appointment of the two applicants herein pursuant t o the judgment in WP(C) No.207(K)/2008, issued the above notification that in vi ew of the interim orders passed in the present appeal the earlier order dated 14 -7-09, by which the appointment of the applicants were cancelled, are withdrawn. In the circumstances we are of the opinion that the applicants are entit led for relief as prayed for in the present application. The application is, the refore, allowed. All the learned counsel appearing for the various parties unanimously pr ay that the writ appeal be transferred to the Kohim Bench of this court as all t he parties are within the jurisdiction of the Kohim Bench. Registry is directed to transfer the appeal to the Kohima Bench. This Misc Case stands disposed of.