IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.20 OF 2010 IN WRIT PETITION NO.4109 OF 2009 Superintendent, College of Agriculture, Borgaon and another. ... Appellants Versus Chandrakant Sampatrao Salunkhe and another. ... Respondents Ms. Neeta Karnik for appellants. Mr. N.A. Kulkarni for respondents. CORAM : ANIL R. DAVE, C. J. & S.C. DHARMADHIKARI, J. DATED : 26TH FEBRUARY, 2010 P.C. Admit. 2. At the request of the learned advocates, the appeal is taken up for hearing today. 3. Heard the learned advocates. 4. It has been submitted that it is not in dispute that respondent No.1 had not worked for 90 days continuously and, therefore, as per the circular dated 21.4.1983, name of the respondent­workman had been removed from the seniority list maintained by the appellant. 5. In the aforesaid circumstances, according to the learned advocate appearing for the appellants, there was no question of making the respondent­workman as a permanent workman. 6. The afore­stated facts had not been perhaps brought to the notice of the learned Single Judge when the question with regard to grant of interim relief was considered. 7. In the circumstances, the impugned order passed by the learned Single Judge is quashed and the matter is remitted back to the learned Single Judge for hearing the question with regard to grant of interim relief. 8. The learned advocate for the appellants shall file an application before the learned Single Judge praying for interim relief and the said application shall be heard by the learned Single Judge without being influenced by the observations made in the impugned order. 9. Appeal stands disposed of. No order as to costs. CHIEF JUSTICE S.C.DHARMADHIKARI, J.