1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition No. 3497 of 2009 1] Shri Jagdamba Bahu-uddeshiya Shikshan Sanstha, Wardha, through its Director Shri Ramesh Gulabrao Pawar, R/o C/o Dr. Satish Harane, Nagpur Road, Wardha. 2] Shri Jagdamba Deaf and Dumb School, Near Gandhi Petrol Pump, Nagpur Road, Wardha, through its Head Master. ...VERSUS.. 1] The State of Maharashtra, through its Secretary, Department of Social Welfare & Handicapped, Mantralaya, Mumbai-32. 2] The Divisional Social Welfare Officer, Nagpur Division, Nagpur. 3] The Social Welfare Officer, Zilla Parishad, Wardha.\ 4] The Chief Executive Officer, Zilla Parishad, Wardha. 5] Janrao S/o Mahadeorao Meshram, Aged about 33 years, R/o Surgaon, Tah. Seloo, Dist. Wardha. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- Ms. Mugdha Atre, Advocate for the petitioner. Mr. A.S.Fulzele, A.G.P. for Respondent nos.1&2 Mr. P.V.Thakre, Advocate for Respondent nos.3 Mr. Prashant Thakre, Advocate for Respondent no.4 Mr. S.D.Chopde, Advocate for Respondent no.5 2 C ORAM : D.B.BHOSALE ; and PRASANNA B. VARALE, JJ. DATED : 12th August, 2010. Heard learned counsel for the parties. By this writ petition, the petitioners have impugned the order dated 28/5/2009, passed by respondent no.4 – Chief Executive Officer, Zilla Parishad, Wardha. They are also seeking direction to the respondents to hold that appointment of respondent no.5 is illegal and void ab-initio. There is no dispute that the services of respondent no.5 were terminated vide order dated 31/3/2003 by the petitioners and this order of termination was challenged by respondent no.5 in a statutory appeal before respondent no.2 – Divisional Social Welfare Officer, Nagpur Division, Nagpur, as provided under Rule 83 of the Handicapped School Code, 1997. That appeal was allowed vide order dated 31/5/2003 after giving an opportunity of hearing to the petitioners so also to respondent no.5. Despite that order, the appointment of respondent no.5 was not approved and hence, he filed a writ petition in this Court being Writ Petition No. 3290 of 2007. This writ petition was disposed of vide order dated 11/12/2008 by recording statement of respondent no.4 – Chief Executive Officer, Zilla Parishad, Wardha that he would take decision in accordance with law on the proposal submitted by respondent no.3 i.e. petitioner no.1 in the present writ petition, and communicate the decision to the petitioner (respondent no.5 herein) and the management, as expeditiously as possible and within a period of eight weeks from the date of the 3 order. Accordingly, the proposal that was submitted by respondent no.3 i.e. present petitioner no.1, as observed in the order dated 11/12/2008, the impugned order has been passed, by which the approval has been granted to the appointment of respondent no.5. All these facts have not been disputed by the petitioners. In view thereof and considering that the order passed by respondent no.2 – Divisional Social Welfare Officer dated 31/5/2003 was not challenged by the petitioners and that the impugned order, granting approval to the appointment of respondent no.5, is passed on the basis of the proposal submitted by the petitioners, the prayers made in the writ petition cannot be granted. Hence, the writ petition is dismissed. JUDGE JUDGE Diwale