FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7302 OF 2010 “Dhansing s/o. Fulsingh Rajput Vs. The State of Maharashtra and another” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. A.S. Shelke, Advocate for the petitioner Mrs. V.A. Shinde, AGP for respondents. CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 21st JUNE, 2011. PER COURT :- 1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith. This petition is directed against the judgment and order dated 8th July, 2010 passed by the Maharashtra Administrative Tribunal, Aurangabad in Original Application No. 340 of 2002. By this order, the Original Application filed by the petitioner has been dismissed alongwith Original Application Nos. 333,334,335,337,338,339 and 340 of 2002. In all these Original Applications, the letter/order dated 6th June, 2002 (Exhibit E to the writ petition) was under challenge. By this order (dt. 6.6.2002), the petitioner alongwith 7 others were held ineligible to be absorbed in Government Service, in view of the Govt. Resolution dated 31st January, 1996. Similar orders were issued in respect of some other persons as well. 2] It appears that some other, similarly placed, persons FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7302 OF 2010 “Dhansing s/o. Fulsingh Rajput Vs. The State of Maharashtra and another” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 also had filed Original Applications being Original Applications Nos. 341 to 349, 362 to 365 and 460 to 462 of 2002 ( for short, “the second group of O.A.s”). These applications were heard by the Tribunal and decided vide judgment and order dated 26/10/2010. In those applications also similar letter/order was under challenge. As a matter of fact, some of the persons mentioned in the impugned order (Exhibit E to the writ petition) dated 6th June.2002 were also applicants in the second group of O.A.s before the Maharashtra Administrative Tribunal being O.A. Nos. 363/2002, 343/2002, 348/2002, 349/2002 and 360/2002. The Tribunal in para.4 of the judgment and order dated 26/10/2010, made reference to the order dated 8/7/2010, which is impugned in the present writ petition. In para.5, the Tribunal proceeds to record that the counsel for the applicants raised new arguments, which he had not urged, when the earlier group of Original Application, i.e. the O.A.s filed by the petitioner and others, were disposed of, vide order dated 7/7/2010 and 8/7/2010 and after considering the new points argued, allowed the applications in the second group of O.A.s and set aside the impugned order/letter, which is also impugned in the present writ petition insofar as Original Application Nos. 363/2002, 34/3002, 348/2002 and 349/2002 are concerned. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7302 OF 2010 “Dhansing s/o. Fulsingh Rajput Vs. The State of Maharashtra and another” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 4] In view thereof, learned counsel for the petitioner prayed for setting aside the impugned judgment and remanding the matter to the Tribunal, for its consideration afresh, in the light of the subsequent judgment dated 26/10/2010. . Learned AGP in all fairness submitted that the petitioner and the applicants in the second group of O.A.s are similarly placed. However, She further submitted that the Presenting Officer of the Tribunal has already forwarded the proposal to the Government for challenging the judgment and order dated 26/10/2010 passed in Original Application Nos. 341 to 349, 362 to 365 and 460 to 462 of 2002 and that the State is likely to challenge it before this court. 5] Admittedly, till this date, the writ petitions, challenging the said judgment( dated 26.10.2010), has not been filed in this court. In view thereof, we set aside the judgment and order dated 8/7/2010 passed by the Tribunal. Original Application No. 340/2002 is restored to file. The Tribunal shall endeavour to consider and decide the said original application, as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. It is made clear FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7302 OF 2010 “Dhansing s/o. Fulsingh Rajput Vs. The State of Maharashtra and another” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 that while dealing with the present writ petition, we have not examined the legality and correctness of the judgment and order dated 26/10/2010. 6] Rule is made absolute in above terms, with no orders as to costs. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/-