-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 818 OF 2008 Shri Dadabhau P. Pote : Petitioner v/s Pune Municipal Corporation & Anr : Respondents Shri M.V. Bandiwadekar for petitioner Shri R.G. Ketkar for respondent nos. 1 and 2. Coram : J.N. Patel, S.J. Kathawalla, JJ. Date :10.11.2008 P.C. . Heard learned counsel for the parties. We have gone through the affidavit in reply of acting municipal secretary. The respondents have taken specific stand that in so far as petitioner is concerned he is at sr. no. 9 in seniority list of committee clerk. This fact is not disputed. We make it clear that as and when there will be vacancy and if the petitioner falls within zone of consideration the respondents are bound to consider the case of petitioner for such promotion in accordance with the general body resolution no. 462. In view of this learned counsel for the petitioiner submit that petitioiner may be permitted to withdraw the petition with liberty to agitate issue if the petitioner is not -2- considered on merits as and when he comes within the zone of consideration. Permitted to withdraw the petition. Petition dismissed as withdrawn. (S.J. Kathawalla,J.) (J.N. Patel,J.)