ca.2949.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2949 OF 2009 IN WRIT PETITION NO.4909 OF 2009 Anil Laxman Ghate. ..Applicant. Versus State of Maharashtra and 3 others. ..Respondents. .... Mr.Kuldeep Pawar, Advocate i/b. R.K. Mendadkar, Advocate for the Applicant. Mr.S.R. Nargolkar, A.G.P., for Respondent Nos.1 to 4. .... CORAM : F.I. REBELLO, AND K.K. TATED, JJ. DATED : 11TH DECEMBER, 2009 P.C. (Per K.K.TATED,J.) :- 1. The original petitioner preferred the present Civil Application for direction to respondent No.3 to forthwith allow the applicant to resume his duties on the post of Tax Assistant subject to the result of the proceedings pending before respondent No.2 Committee. It is the case of the applicant that he filed Writ Petition No.4909 of 2009 challenging the order dated 31st March, 2009 passed by the Scrutiny Committee, Pune by which order the Scrutiny ca.2949.09 2 Committee has invalidated the caste claim of the applicant as belonging to Mahadeo Koli. Said Writ Petition was disposed of by this Court by order dated 2nd September, 2009 directing the Scrutiny Committee to take fresh decision after affinity test in terms of the directions as contained in the order dated 2nd September, 2009. Case of the applicant is that the case is pending still before the Scrutiny Committee. In the meanwhile, he is seeking direction to respondent No.3 to allow the applicant to resume his duties. As the applicant is already removed from the service for want of caste verification certificate, it is not possible to direct respondent No.3 to allow the applicant to resume his duties. Considering the order passed by this Court dated 2nd September, 2009 and the contents of the present Civil Application, we do not find any substance in the present Civil Application. Hence, Civil Application is rejected. (F.I.REBELLO,J) (K.K. TATED,J)