 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO:5448/2008 (Bhartiya Shikshan Mandal vs. State of Maharashtra and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 05th February, 2009. *** 1. Heard Mr Anand Parchure, learned Advocate for the petitioner; Mr A S Fulzele learned Assistant Government Pleader for Respondents 1 & 2 and Mr D. Duvvuri, for Respondent No.3. 2. This Writ Petition is directed against the communications dated 7.11.2008 as well as 17.11.2008 issued by the Education Officer (Secondary). Learned Assistant Government Pleader, on the basis of instructions from the Education Officer, has made a statement that the Education Officer shall withdraw these communications. In the circumstances, cause of action no more survives. 3. Mr. Parchure, learned counsel for the petitioner has submitted that the entire teaching and non-teaching staff of the school is without salary for last two months, in view of the controversy in issue and, therefore, appropriate direction in this regard be given. The learned AGP has submitted that eligibility of Shri Deorao Sarve  for grant of approval will be considered by the Education Officer in accordance with law. In the meantime, the Education Officer shall authorize some other senior teacher to sign provisionally pay bills of teaching and non-teaching staff. It is also submitted that this authority given to the other senior teacher, shall not create any equity in favour of the said teacher to claim seniority or any other benefit. 4. In the backdrop of the above-referred facts, we dispose of the petition. JUDGE JUDGE sahare