1 RA No.187.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD REVIEW APPLICATION NO.187/2010 IN WRIT PETITION NO.4512 of 2001. Smt. Mangalabai d/o Digamber Sardeshpande - APPLICANT VERSUS 1) The State of Maharashtra and Ors. - RESPONDENTS ***** Mr.KM Nagarkar, Advocate for Applicant; Mr.VG Shelke, AGP for State. Mr.ID Maniyar, Adv. h/for Mr. VS Panpatte, Advocate for Respondent Nos. 2 & 3. ----- CORAM : S.S.SHINDE, & K.U.CHANDIWAL,JJ. DATE : 15th March, 2011. COURT’S ORDER (PER:K.U.CHANDIWAL,J.) 1) Heard. The review applicant seeks re- calling of the order dated 30th August, 2010, espousing of the writ petition, observing to be infructuous. 2) The Counsel for the applicant submits, he was not present when the matter was taken up. The submission made by Mr. Panpatte, learned Counsel for Respondent Nos.2 and 3 in the writ 2 RA No.187.10 petition, has no bearing to the prayers in the writ petition, consequently, appointment of one Smt. Sangita Venkatrao Metewad on 1.7.2010 as Anganwadi Karyekarti, will not defuse the prayers to brand them to be infructuous. 3) In order to verify the assertions, prayers in the writ petition are reproduced as under, - “(A) To quash and set aside the impugned order dated 28.9.2001, terminating the services of the petitioner as Anganwadi Karyakarti, passed by the respondent no.3. (B) Pending hearing and final disposal of this writ petition, the operation, enforcement and implementation of the impugned order dated 28.9.2001, terminating the services of the petitioner as Anganwadi Karyakarti passed by the Respondent no.3, be stayed and suspended.” 4) The principal prayer (A) thus seeks to quash and set aside the impugned order dated 28.9.2001, terminating the services of the petitioner/review applicant as Anganwadi Karyakarti, recorded by Respondent no.3, the subsequent appointment referred above, will not change colour and complexion of the prayer and consequently, We find substance in the assertion 3 RA No.187.10 of the review applicant that he needs to be heard and prayers still subsist to be agitated. Hence, the order, disposing the writ petition dated 30th August, 2010 is re-called. The writ petition is restored original position to be placed before appropriate Bench. Review Application disposed of. No costs. (K.U.CHANDIWAL) (S.S.SHINDE) JUDGE JUDGE bdv/ fldr.11.3.11