1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application No.632/2009, Civil Application No.633/2009 & Misc. Civil Application No.8812/2009 in Writ Petition No.3507/1997 (Govind Deshmukh ..V/s.. The Education Officer, Secondary Z.P. Akola & others) Office Notes, Office Memoranda of Coram, appearances, Courts orders or direction Court's or Judge’s orders. and Registrar’s order. Mr. V.R. Chaudhari, counsel for petitioner. Ms. I.L. Bodade, A.G.P. for respondent nos. 1 and 2. Coram : B.P.DHARMADHIKARI AND F.M. REIS, JJ. Dated : 14th OCTOBER, 2009. The application by original petitioner to recall the order dated 8/4/2009, restoration of Writ Petition No.3507/1997 is delayed by 38 days and hence along with prayer for condonation of delay, the restoration of writ petition is sought. It appears that petitioner died on 4/4/2009 and hence his legal heirs are also sought to be brought on record. In fact, application is being prosecuted by his legal heirs. Learned A.G.P. for respondent no.1 and 2 strongly opposed the same. The dispute in main writ petition was in relation to pension and gratuity. In the circumstances, we condone the delay and restore Writ Petition No.3507/1997 back to file. Civil application No.633//2009 is also granted and legal heirs of original petitioner are permitted to be brought on record. 2 Necessary amendment be carried out on 4th November 2009. JUDGE JUDGE Tambaskar.