W.P.No.2276 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2276 OF 2010 Sharad Baburao Pote and others ..Petitioners Versus The State of Maharashtra through the Principal Secretary to Transportation Department, Mantralaya, Mumbai and ors. ..Respondents Mr S.T.Shelke, Advocate for petitioners Mr D.R.Kale, A.G.P. for respondent No.1 Mr M.K.Goyanka, Advocate for respondents 2 and 3 CORAM : SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 22nd March 2011 PER COURT The petitioners are Conductors employed by the Maharashtra State Road Transport Corporation. Petitioners 1 to 6 are still in service whereas petitioner No.7 has retired. All of them claim that after they were dismissed from service for certain acts of misconduct, a circular was issued by the Corporation under which such dismissed employees were entitled to re-employment if they withdrew the cases pending before the Court. Accordingly, the petitioners were re-employed in service but they claim that they ought to have been reinstated as was done in the case of employees of various other divisions. W.P.No.2276 of 2010 2 2. In our opinion, the writ petition for such relief is not maintainable and we could have dismissed it on that ground. However, an affidavit has been filed by the Vice Chairman and Managing Director of the Maharashtra State Road Transport Corporation in which he discloses that he became aware of this discrimination practiced by the Maharashtra State Road Transport Corporation in its various divisions only on the filing of the writ petition. He has stated that he would look into the matter and issue appropriate direction to the officers concerned. We are satisfied with the affidavit filed. The petition is disposed of in view of the statements in the affidavit. ( S.S. SHINDE, J.) ( SMT. NISHITA MHATRE, J. ) (vvr/2276.10wp)