1 C.A.No.8925/11 In WP5704/10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.8925 OF 2011 IN W.P.NO.5704 OF 2004. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.A.V.Patil, advocate holding for Mr.V.D.Gunale, advocatefor the applicant. Mr.P.G.Rodge, advocate for Respondent Nos.1 and 2. CORAM : S.V.GANGAPURWALA,J. Date : 11.11.2011. PER COURT : 1. Heard. 2. The Civil Application is moved for vacating interim relief. 3. Mr.Patil, learned counsel submits that there are four posts and all four posts are filled in. The non-applicant in Civil Application is not qualified and on said count, the appeal filed by him for seeking approval, is dismissed. The non-applicant can not be allowed to continue in service as there is no vacant post available. 4. Mr.Rodge, learned counsel for Respondents submits that the non-applicant is in service since 1998. Interim relief is in force for 2 C.A.No.8925/11 In WP5704/10 almost a year. Though the said interim relief is not final and was operative till further orders are passed on interim relief, it would be in the fitness of things to hear the petition finally. As such place the petition for final hearing in the week commencing from 16.1.2012. 5. In case the petition can not be heard finally at that time, the applicant is at liberty to renew his prayer for vacating the interim relief. 6. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.11.11.2011. asp/office/Ca8925.11 3 C.A.No.8925/11 In WP5704/10