1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Civil Application No.2369 of 2009 In Writ Petition No.9719 of 2003 The Union of India through the Secretary, Ministry of Defence, DHQ, PO New Delhi & ors. Applicants Vs. Smt. Godavaribai N. Pol Respondent Mr.Milind Deshmukh with Mr.N.D.Sharma for applicant. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. October 16, 2009. P.C. 1. We have heard Mr.Deshmukh with Mr.Sharma, the learned Standing Counsel for the Union of India. This application prays for restoration of Writ Petition No.9719 of 2003 which came to be dismissed for non-prosecution in view 2 of the conditional order dated 4th August 2008. The application has been filed belatedly and we had directed to file separate affidavit explaining the reasons for the delay so caused. No such affidavit has been filed. 2. In Writ Petition No.9719 of 2003, the common judgment and order dated 10/11/1997 rendered by a Division Bench of the Central Administrative Tribunal in O.A. Nos.477 and 616 of 1997 came to be challenged and similar challenge was raised in Writ Petition No.9448 of 2003 to another common judgment arising from O.A. Nos.180, 258 and 360 of 1998. In that petition as well Civil Application No.120 of 2009 in Review Petition (Stamp) No.8960 of 2009 was filed and it was rejected by us on 10/9/2009. We noted that the Tribunal had directed to re-classify the original applicants as UDCs with effect from 1/1/1947 by following the directions issued by the Supreme Court in Civil Application No.4201 of 1985 and the said Civil Application was decided by the Apex Court on 4/11/1987. The Tribunal had further directed that the arrears of pay would be restricted only to 50 per cent. It was also noted that the original applicants had retired in or around 1975. We are also informed by Mr.Deshmukh that the arrears of pay of the present 3 respondent have been released in the year 2004 itself. 3. We are, therefore, satisfied that, for the reasons stated in our order dated 10/9/2009 in Civil Application No.120 of 2009, this application also deserves to be rejected and hence the same is hereby rejected. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)