Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.115 OF 2010 IN WRIT PETITON NO.532 OF 2009 Vipin Kumar ..Petitioner Vs. Union of India & Ors. ..Respondents Mr. Akshay Patil with Mr. Satendra Kumar for the petitioner. Mrs. Heena P. Shah with Mr. S.C. Pal for respondents. CORAM : F.I. REBELLO & A.A. SAYED, JJ. DATED : 19TH MARCH, 2010 P.C. After hearing the parties on 26th February, 2010 noting that the petition had been admitted and earlier order of this Court dated 24th February, 2009ad-interim relief was granted in terms of prayer clause (a). 2. Respondents have since filed their reply. 3. This Court has heard the matter as we were informed that though the Tribunal has been constituted it is not functioning and as such the petitioner is not in a position to move the said Tribunal for any relief. Admittedly, the petitioner was selected to participate in the 50 Kms., walk for the National Games to be held in the year 2006 and 2007. The event of 50 Kms., walk it appears was not conducted both in the year 2006 and 2007. A Petty Officer is to be confirmed in office after a minimum period of one year subject to he representing the Services in Nationals. In the instant case the petitioner was selected. The Nationals were held. The petitioner went for the Nationals. However, for the reasons not attributable to the petitioner the 50 Kms. walk was not held. The confirmation is not for getting a medal or being amongst the first three. Under these circumstances prima facie we are of the opinion that the petitioner has complied with the requirement of Instruction 5(b) of the Instructions dated 4th May, 1989. In the light of that there will be interim relief in terms of prayer clause (a) pending the hearing and final disposal of the petition. Motion disposed of accordingly. (A.A. SAYED, J.) (F.I. REBELLO,J.)