1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.7531/2009 Shri Gunjal Popat Bhaurao ..Petitioner. vs. The President/Secretary, Janta Seva Mandal, Makhmalabad ..Respondents. And ors. Ms Kumud A. Bhatia, Advocate for the Petitioner. Mr A.K. Patil, Advocate, for Respondent Nos.1 and 2 Mr S.N. Patil, A.G.P., for Respondent Nos.3 to 6. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 5TH JANUARY,2010 P.C.:- Rule. Returnable forthwith. Heard finally by consent of parties. 2 Admittedly, the petitioner is working as a peon with the Ashramshala of Respondent Nos.1 and 2. Admittedly, there is sanctioned post of Lab Assistant. That post is vacant. Grievance of the petitioner is, being a peon, he is eligible to be appointed as Lab Asstt. He is entitled to preference in appointment of Lab Asstt. The Management has filed an affidavit. They have stated that they want to fill up the post of Lab Asstt., and they have submitted a proposal to the Authority with a view to issue advertisement for making appointment. They submit that as soon as the proposal is accepted by the Authority they will take steps to fill in the post, in accordance with law. One of the grievances made by the petitioner is also this, that since October, 2009 though the petitioner is working in the post of peon he is not being paid salary. We have heard the learned counsel appearing for the Authority. In our opinion, in view of the material on record, the following order would meet the ends of justice. 3 ORDER. The Management shall take steps to fill in the vacant post of Lab Asstt, as expeditiously as possible and in case the petitioner applies for that post the case of the petitioner shall be considered in accordance with law. So long as the petitioner continues to work as a peon, the respondent shall pay salary of the post of peon to the petitioner in accordance with law. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J) 4