1 WP3276.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3276 OF 2011 ALONG WITH CONNECTED WRIT PETITION NOS.3883/2011 TO 3886/2011, 4808/2010 ALONG WITH CAW NO.1532/2011, 4873/2011 TO 4885/2011, 4929/2011, 5031/2011, 5050/2010 TO 5065/2011 The State of Maharashtra & ors. Through, The Secretary to Government of Maharashtra ... Petitioners v/s S.S. Malhar & ors. ... Respondents Mr.A.B.Vagyani, A.G.P. for the petitioners in all petit5ions. Mr.M.I.Pathan for respondent No.1 in all petitions. CORAM: A.M.KHANWILKAR & R. Y. GANOO, JJ. DATED: 5 1ST AUGUST, 2011 P.C.: 5 1. According to the counsel for the petitioners, the Tribunal has completely overlooked the efficacy of Government order dated 12.8.1996 which is applicable to the case of each of the respondents/original applicants. In other words, the issue has been answered by the Tribunal only on the basis of other circulars dated 30.5.1989 and 1.1.1991. 2 WP3276.11 Whereas, it is noticed that the Government order dated 12.8.1996 referred to by the petitioners was already part of the record before the Tribunal which is annexed as Exh.A with the Writ Petition No.3276 of 2011. If this is the grievance, it is open to the petitioners to approach the Tribunal and bring that fact to the notice of the Tribunal. In view of the observation made by the Court, counsel for the petitioners submits that the petitioners be permitted to withdraw these petitions with liberty to approach the Tribunal leaving all questions open for consideration. We have no difficulty in acceding to this request. Accordingly, all these petitions are disposed of with liberty to approach the Tribunal. All questions are left open. 2. Counsel for the respondents submits that this grievance was in fact made by the petitioners before the Tribunal by taking out application, which request was rejected. That is a matter to be considered by the Tribunal on its own merits. 3. In view of disposal of the writ petitions, nothing survives in the Civil Application No.1532 of 2011 in Writ Petition No.4808 of 2010. The same is also disposed of. ( R. Y. GANOO, J. ) (A.M.KHANWILKAR, J.) 3 WP3276.11