1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5730 OF 2008 Ghanashyam S/o Baburao Bhalerao.. .. Petitioner Versus 1. The Honorary Secretary, District Probation & After Care Association (Remand Home), Ahmednagar and others .. .. Respondents Shri Pradeep Shahane, Advocate for the Petitioner. Shri H. D. Deshmukh, Advocate for the Respondent No. 1. Shri K. B. Choudhari, Addl.G.P. for the Respondents No. 3 to 6. CORAM : NARESH H. PATIL, AND N. D. DESHPANDE, JJ. DATE : 28TH APRIL, 2010. ORAL ORDER [Per NARESH H. PATIL, J. ] : . Heard. 2 2. Learned counsel for the petitioner submits that in identical situation the Government had approved appointment of care taker of the persons who were appointed on daily wages as stop gap arrangement/temporary. The copies of orders passed in favour of such persons are placed on record. 3. Affidavit in reply is filed by the respondent No. 4 only. In para 5 of the affidavit in reply it is stated that : "5. It is submitted that, the Respondent No. 1 had forwarded the proposal for approval to the services of Petitioner on 05.03.1997 to the District Women and Child Development Officer, Ahmednagar. I say that, the District Women and Child Development Officer, Ahmednagar had asked 2 queries by letter dated 17.03.1997 i. e. 1) whether the organization has maintained the roster if it has maintained the same should be submitted if not maintained the explanation to that effect should be given 2) whether the names of eligible candidates were called from the employment exchange. Hereto annexed and marked as EXHIBIT -R-1 are the copies of letter dated 5.3.1997 and 17.3.1997." 4. The Industrial Court though had rejected the application of the petitioner had recommended the case for consideration of the 3 Government. It is submitted that the petitioner did not challenge the order passed by the Industrial Court before appropriate forum. The petitioner is said to be working as caretaker since 1986. In the facts of the case, the respondent No. 1 shall forward fresh proposal to the Government within two weeks from today. We direct the respondent No. 4 to pass appropriate orders in the light of the facts and circumstances of the case and the view taken by the respondent No. 4 in identical situation in case of others and communicate the decision to the petitioner within six weeks from the date of receipt of proposal. The parties shall maintain status quo in respect of work of petitioner for a period of eight weeks. The writ petition is disposed of. Authenticated copy be supplied to the learned Additional Government Pleader Shri Choudhari. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/April.10