(1) WP. 6807.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6807 OF 2009 Dr. Khan Abdul Ahad Abdul Gaffar PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mrs. A.N. Ansari, Advocate for the Petitioner. Mr. S.V. Kurundkar, Addl. G.P. for the Respondent-State. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 14TH JUNE, 2011 ORAL ORDER:- 1. The Petition has been preferred against the order passed by the Maharashtra Administrative Tribunal, Aurangabad. The petitioner has approached the Tribunal, apprehending his termination from services. The Tribunal refused to grant him the relief and dismissed the Original Application filed by the petitioner. 2. An affidavit has been filed by the respondents by the Dean of the Government Dental College and Hospital, Aurangabad. In paragraph 12 of (2) WP. 6807.2009 that affidavit he has averred that the services of the petitioners are not liable to be discontinued unless a candidate selected by the Maharashtra Public Service Commission is available in accordance with the letter of the Government issued on 7.8.2009. 3. This statement contained in the affidavit is accepted. It appears that the petitioner was relieved from service on 1.10.2009 after the Tribunal rejected the application on 25.9.2009. By the order passed by this Court on 9.10.2009, the respondents were directed to continue the petitioner in service till a duly selected candidate was available for appointment. 4. Mrs. Ansari, appearing for the petitioner points out that there is a break in the petitioner's service from 1.10.2009 till 8.10.2009, which should be condoned. 5. In view of the statement contained in the affidavit and the order passed earlier by this Court, we direct that the services of the petitioner shall be treated as continuous from 1.10.2009 till (3) WP. 6807.2009 8.10.2009. The Petition is disposed of in the light of the statements contained in the affidavit of the State, which we have accepted. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp