Writ petition No. 6823 of 2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6823 of 2009 1] The State of Maharashtra through the Cooperation Department, Mantralaya, Mumbai. 2] The Commissioner, Cooperation and Registrar Cooperative Societies, M.S. Pune. 3] The Collector, Aurangabad. 4] The Divisional Jt. Registrar Cooperative Societies Aurangabad. 5] The Special District Auditor, Class-I, Cooperative Societies, Aurangabad. Petitioner Versus Smt. Vandana w/o. Rajendra Avhad Age 35 years, Occ. Household R/o. 2/7, Anand Nagar Cotla Colony, Aurangabad. Respondents Writ petition No. 6823 of 2009 2 Mr. K.G. Patil, AGP for the petitioners, Mr. F.R. Tandale, Advocate for the respondent. CORAM : B.R. GAVAI & R.M. BORDE,JJ. DATE : 7TH DECEMBER, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : 1] By consent taken up for final hearing. 2] This is a petition, filed by the State challenging the order passed by the Maharashtra Administrative Tribunal in O.A. No. 80/2008, thereby allowing the original application filed by the respondent employee. 3] Vide the order, impugned, the learned Tribunal has directed the petitioners to appoint the respondent herein on a vacant post of Junior Clerk in D.N.T.-D (Ladies) category, on compassionate ground. 4] By way of interim order, while issuing notice, this court had granted liberty to the respondents to move this court, when the 19 persons, who are already on wait list to be appointed on compassionate ground, are appointed. 5] Shri Tandale, learned counsel appearing on behalf of the respondent makes a categorical statement all the 19 persons, on the waiting list, have now been appointed. In that view of the matter, the grounds raised in the petition are only of academic interest. As such we do not find it necessary to go into the merits of the matter. Writ petition No. 6823 of 2009 3 6] The writ petition is disposed of with a direction to the petitioner to appoint the respondent , inasmuch as, the waiting list of 19 persons to be appointed on compassionate ground, has been exhausted. Needles to mention that the respondent be appointed on compassionate ground against the first available vacancy. Needless to further mention that in the event if now the respondent is found to be over aged, the appointment shall not be denied to him on the said ground, inasmuch as, the date on which the the petitioner had approached to the learned Maharashtra Administrative Tribunal, was within the prescribed age limit. [R.M. BORDE,J.] [B.R. GAVAI,J.] grt/wp Writ petition No. 6823 of 2009 4