(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 79 of 2008 Vithal s/o. Tulshiram Jadhav. .. Petitioner. versus The State of Maharashtra, through Secretary, Health Department, and others. .. Respondents. .................. Mr. P.R. Patil, Advocate, holding for Mr. S.D. Dhongade and Mr. K.B. Jadhav, Advocates, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 and 2. Mr. R.S. Deshmukh, Advocate, for respondent nos.3 to 9 and 11 to 19. Mr. S.S. Patil, Advocate, for respondent nos.20 and 21. .................. CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 11TH AUGUST 2009. COURT’S ORDER : 1. The learned Assistant Government Pleader has placed on record a communication addressed by the Deputy Director of Health (2) Services, Aurangabad, dated 11th August 2009, stating therein that in view of the earlier interim orders passed by this court, one post of X-ray Technician is kept vacant and the respondents are willing to accommodate the petitioner on the said post. 2. Mr. K.G. Patil, learned Assistant Government Pleader appearing for respondent nos.1 and 2, on instructions from the Deputy Director of Health Services, Aurangabad, namely, Dr. L.N. Dolas, who is personally present in the court, makes a statement that the appointment order in favour of the petitioner would be issued within a period of four weeks from today. 3. In view of the statement made by the respondent, Deputy Director of Health Services, Aurangabad, nothing survives in the petition and, therefore, the learned Counsel appearing for the petitioner seeks liberty to withdraw the petition. 4. Hence, the petition is disposed of as withdrawn. The presence of the Deputy Director of Health Services is discharged. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/79wp