-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7129 OF 2008 Bute Vijay Kumar Waman Rao .. Petitioner. Vs. The Union of India & Others .. Respondents. Col.R.K.Rai for the petitioner. Mr.G.N.Srinivasan alongwith Mrs.S.V.Bharucha for the respondents. CORAM : S.B.MHASE & D.B.BHOSALE, JJ. CORAM : S.B.MHASE & D.B.BHOSALE, JJ. CORAM : S.B.MHASE & D.B.BHOSALE, JJ. DATED : 13TH JANUARY, 2009. DATED : 13TH JANUARY, 2009. DATED : 13TH JANUARY, 2009. PC: PC: PC: . Counsel appearing for the respondents at the outset submitted that the writ petition need not be considered on merits and it is open for the petitioner to report to the concerned Records Office in terms of the letter dated 2nd December, 2008 bearing Reference No.B/10201/06-08/Vol-I/MP-3 (PBOR) and if he reports to the Records Office as stated in the letter and comply with all the conditions mentioned therein his request for reinstatement will be considered and he will be allowed to rejoin. It appears that in the letter the time to report was fixed till 31st December, 2008. However, in case of the petitioner, the counsel for the respondent states that if he reports within a period of ten days from today his case will be considered for reinstatement in terms of the aforesaid letter and the -2- delay in approaching the Records office shall be deemed to be condoned. Counsel for the petitioner submits that the petitioner in fact had reported but he was told to wait till he was called by the respondent to rejoin. He further submits that the petitioner will report again within a period of ten days from today to the Records Office as per the letter dated 2nd December, 2008. The statements of counsel appearing for the parties are recorded and accepted. In view of this we need not consider the writ petition on merits. The respondents shall consider the petitioner’s case for allowing him to rejoin in the light of letter dated 2nd December, 2008, after having complied with all the conditions mentioned therein. With these observations the writ petition is disposed of. (D.B.BHOSALE,J.) (S.B.MHASE, J.) (D.B.BHOSALE,J.) (S.B.MHASE, J.) (D.B.BHOSALE,J.) (S.B.MHASE, J.)