FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WRIT PETITION NO. 10860 OF 2010 SANGITA VISHWANATH NAWALE @ ANITA BALASAHEB AHER VERSUS THE STATE OF MAHARSHTRA AND ORS ... Advocate for Petitioner(s) : Gawali Amol K. GP for Respondent(s): Shri Khandare N.B. Advocate for Respondent(s) 5 : Shri Kulkarni S.D. Advocate for Respondent(s) 6 : Shri Garud N.C. ... CORAM : D B BHOSALE & S B DESHMUKH, JJ. Dated: July 25, 2011 ... 1. Shri Kulkarni, learned counsel for respondent 6 - School, at the outset, invited our attention to the judgment of the Supreme Court in Dagdu Vs. President, Anandrao Naik Shikshan Prasarak Mandal [2006 DGLS (Soft) 1120] and submitted that the petitioner has a remedy of an appeal before the Divisional Social Welfare officer. He invited our attention to paragraph 9 of the judgment, which reads thus : " The question then remains as to what remedy would the appellant be left with in order to impugn the termination of his service. According to the affidavit filed on behalf of the State of Maharashtra an appeal would lie to the Divisional Social Welfare Officer of the Division. Learned counsel appearing on behalf of Respondent 1 also has no objection of such an appeal is filed. Accordingly, the decision of the High Court is affirmed but the appellant will be at liberty to file an appeal from the impugned order if he is so advised before the Divisional Social Welfare Officer of the Division. If such an appeal is filed, the officer concerned will dispose of the same after hearing the appellant FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP//10860/2010 and other affected parties within a period of four months from the filing of the appeal. Learned counsel appearing on behalf of the respondents have fairly conceded that since the appellant was pursuing his remedy in a wrong forum the issue of limitation will not be raised by them. The appeal is disposed of. " 2. Having confronted with this, learned counsel for the petitioner prays for withdrawal of the Writ Petition with liberty to the petitioner to file an appeal before the Divisional Social Welfare Officer against the order of petitioner's termination. 3. Writ Petition is disposed of as withdrawn with liberty as prayed. If such an appeal is filed, the officer concerned shall dispose of the same, after hearing the petitioner / appellant and other affected persons within six months from the date of filing of the appeal. 4. Learned counsel appearing on behalf of respondents fairly concede that since the petitioner was pursuing his remedy before the wrong forum, the issue of limitation will not be raised by them. Their statement is accepted. 5. It is needless to mention that the petitioner will have to file an appeal within a period of four weeks from today, failing which, the learned counsel for respondents shall stand relieved from their statement in respect of limitation. ( S B DESHMUKH, J. ) ( D B BHOSALE, J. ) akl