1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.194 OF 2005 WITH NOTICE OF MOTION NO.539 OF 2005 WITH NOTICE OF MOTION NO. OF 2006 WITH NOTICE OF MOTION NO.61 OF 2007 Dr. K. Sivaraja Mony ...Petitioners. v. State of Maharashtra & Ors. ...Respondents. Petitioner in person present. Mr.Milind More, AGP For the Respondent/State. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 27th January , 2010. P.C. 1 Petitioner’s matter was placed on the board pursuant to the precipe dated 20th November, 2009 taken out by the office of the Government Advocate. It is their case that on account of subsequent events, petition has become infructuous. 2 Petitioners had challenged appointment of the respondent no.4. Post was Second-in-Command with rank of Senior Divisional Commander and selection to the higher post of Commandent, Home 2 Guard, Greater Bombay. Respondent No.4 retired on 23rd August, 2009. In the light of that in so far as this petition is concerned, nothing would survive. 3 Petitioner, however, contends that in the fresh selection done, he was by-passed. Another candidate was selected. That will give rise to the another cause of action. If the petitioner is aggrieved, he can independently challenge that order if so entitled in law. Case of the petitioner, further, is that he has been removed from the service. According to the learned AGP that was pursuant to the civil proceedings. At any rate, we are not concerned with the same in the present petition. If the petitioner is aggrieved he may independently challenge the said order after taking resort to other remedies available in law . With the above observations, Rule discharged with no order as to costs. (J.H. BHATIA,J.) (F.I.REBELLO, J.)