1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Letters Patent Appeal No.44 of 2008 In Writ Petition No.1031 of 2007 (Decided) (Hemant s/o Laxmanrao Kadu v. The District Social Welfare Officer, Z.P., Nagpur, and others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri Anand Parchure, Counsel for Appellant. Shri S.P. Bhandarkar, Counsel for R- 3. Shri G.G. Mishra, Counsel for R- 1 and 4. CORAM : K.J. Rohee & R.C. Chavan, JJ. DATE : 29th February, 2008 1. Heard the learned counsel for parties. 2. The appellant was appointed as Driver by respondent No.2. Several appointment orders were issued to the appellant and in each of the appointment order, it was specifically mentioned that he was being appointed in place of respondent No.3. It was also mentioned in the appointment orders as well as the approval orders that the service of the appellant would come to an end in case of reinstatement of respondent No.3 by the concerned Court or the appellate authority. In view of these specific terms and conditions, the appellant has no locus to challenge the order passed by the appellate authority in favour of respondent No.3. 3. Thus we do not find any error in the impugned judgment of the learned Single Judge. 2 4. The Letters Patent Appeal is, therefore, dismissed. 5. At this stage, the learned counsel for the appellant submits that there has been stay to the termination of the services of the appellant since one year and as the appellant desires to challenge the present order and, therefore, the said stay may be continued for some time. 6. This prayer is strongly opposed by the learned counsel for respondent No.3 on the ground that since long respondent No.3 is out of employment. 7. In the circumstances of the case, we do not accept the prayer made by the learned counsel for the appellant. The prayer is, therefore, rejected. JUDGE JUDGE pdl