1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.199 OF 2010 IN WRIT PETITION NO.4091 OF 1998 Kiran Krishnarao Shedge & ors. : Applicants versus The District Collect – Stara Collector Office, Satara & ors. : Respondents. Mr. G S Godbole with Mr. Shivraj Patil for the applicant. Mr. S R Nargolkar, GP, for the Respondent No.1 CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 18th March 2010 P.C. 1. By this application the applicants pray that the Respondents be directed to consider the representation of the Applicants/Petitioners seeking regularisation of the Applicants/Petitioners in service. 2. Reply affidavit on behalf of the Respondents suggests that the department has considered the representation and rejected the same on the ground that it has no power to regularise the services 2 of the Petitioners. Communication on which reliance is placed to support this stand is at Exhibit I which is issued under the signature of Section Officer, Revenue and Forest Department bearing No.S­30/3592/PK.215/E­7, addressed to the Collector, Satara. On plain reading of this communication, it shows that the only reason stated therein is that the representation cannot be considered because of pendency of Writ Petition No.4091 of 1998 in this Court. In that sense, the representation has not been decided on merits by the concerned authority. The representation ought to be considered by the Respondent No.3­Secretary of the Revenue and Forest Department on its own merits. 3. Therefore we clarify that the Respondent No.3 is free to consider the said representation on its own merits in accordance with law and uninfluenced by the fact that Writ Petition No.4091 of 1998 is pending before this Court. We, however, make it further clear that this observation is not an expression of opinion either way with regard to the claim of absorption which is the subject matter in issue as the said representation will have to be 3 considered on its own merits in accordance with law and keeping in mind the latest legal position expounded by the Apex Court in that behalf. 4. The civil application is disposed of in above terms. (R M SAVANT, J.) (A M KHANWILKAR, J)