- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVL APPELLATE SIDE WRIT PETITION NO. 7357 OF 2008 Mr Vikrant Nathu Mhatre & ors .. Petitioners vs Thane Municipal Corporation .. Respondents Mr.Mayuresh Modgi for Petitioner Mr.N.R.Bubna for Respondent nos.1 & 2 Ms M.P.Thakur AGP for Respondent no.3 . .. CORAM : J.N.Patel and Mrs Mridula Bhatkar, JJ DATED : 10th June 2009 P.C. 1. The petitioners have filed this writ petition in the year 2008 seeking directions from this Court to the respondent no. 1 to confer the status of post of class Iv upon the petitioners from the date of appointment as class IV employee and pay them the difference in pay scales and all other benefits. In the meantime by our interim order the respondents should not be permitted to fill in the the vacancy which was advertised and published on 14th September 2008 for the post meant for class III category. It is the case of the petitioner that they were appointed on compassionate ground in the year 1994 as class IV employees though they were eligible to be appointed against class III post considering their - 2 - qualifications and as per the policy of the government the Municipal corporation in the matter of appointment on compassionate grounds. It is their case that they are appointed as Begaris . 2. It is contended by learned counsel appearing for the petitioners that the petitioners have been agitating the issue by making representation but,the same was not considered. It is only after seeing the advertisement that they have moved this Court. 3. We find that the reliefs sought for by the petitioners cannot be considered at such a late stage. i.e almost after more than 14 years on the ground of delay and latches. The petitioners cannot be inducted in class III posts from the date of initial appointment with all monetary benefits. 4. The petitioner having accepted the appointment against class IV post as Begaris ought to have moved this court within a reasonable time. In the affidavit-in- reply filed by the respondent-corporation they have justified the appointment of the petitioners in class IV post and it is stated that if in due course of time the petitioners become eligible for promotion their cases would be considered on merits. - 3 - 5. In the given facts and circumstances of the matter, we are not inclined to entertain this petition. Petition is therefore, dismissed with no order as to costs. { Mrs Mridula Bhatkar, J } {J.N.Patel, J } - 4 - - 5 -