1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.946 OF 2007 1.Shri.Maruti Tukaram Bagwe & ors. ...Petitioners. vs. 1.The State of Maharashtra & ors. ...Respondents. --- Mr.M.S.Karnik @ Mr.M.D.Lonkar, for Petitioners. Mr.S.P.Saxena, for Respondent nos.7 to 20. Mr.S.R.Nargolkar, AGP for Respondent no.1 to 6. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 5th December,2009 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The present petitioners had filed Original 2 Application no.936 of 2005 claiming reliefs based on the Government Resolution dated 26.10.2004. That Original Application was disposed of by order dated 17.11.2006. Surprisingly, the Maharashtra Administrative Tribunal in a petition filed by the petitioners who were claiming benefits under the Government Resolution dated 26.10.2004, set aside the Government Resolution itself. When we noticed this anomalous situation and when it is submitted by the Learned Assistant Government Pleader appearing for Government that the Government is considering whether they should withdraw the Government Resolution dated 26.10.2004, but they cannot do so because the Maharashtra Administrative Tribunal has set aside that Resolution, an interim order is made by the Division Bench of this Court on 26.8.2008 staying the operation of the order passed by the Maharashtra Administrative Tribunal. Thereafter, the State Government issued Government Resolution dated 11.9.2008 withdrawing the Government Resolution dated 26.10.2004 from inception. As the Government Resolution has been withdrawn, the petitioners filed a fresh Original application before 3 the Maharashtra Administrative Tribunal claiming reliefs independently of Government Resolution dated 26.10.2004. It appears that the Government has issued a Communication dated 6.10.2009 pursuant to which certain benefits have been given to the petitioners subject to the result of this petition. 3. Now taking overall view of the matter, it is clear that as the Government Resolution dated 26.10.2004 itself has been withdrawn by the Government, the Original application no.936 of 2005 filed by the petitioners itself become infructuous. Consequently, the order passed by the Maharashtra Administrative Tribunal in that Original application is set aside. However, the Maharashtra Administrative Tribunal shall be at liberty to consider the fresh Original Application filed by the petitioners in accordance with law and make orders thereon in accordance with law. However, considering that certain benefits have been extended to the petitioners because of the decision contained in letter dated 6.10.2009, it is directed if any benefits are already 4 given to the petitioners pursuant to the decision contained in letter dated 6.10.2009, they shall not be withdrawn till the Original application filed by the petitioners is decided by the Maharashtra Administrative Tribunal. The petition is disposed of. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)