1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 384 /2008 (The Superintendent Engineer, PWD Circle, Akola & another VERSUS Kashinath T. Khandalkar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.B. Patel, A.G.P. for the petitioner. Shri Manoj Sable, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 23, 2009. C.A. NO. CAW 1109/2009. It is submitted on behalf of the applicant that the petitioner has not reinstated the respondent in spite of the fact that there is no stay of reinstatement and there is only stay of back wages. The learned counsel for the applicant further seeks vacation of stay granted by this Court on 07.02.2008. The application is misconceived as the exparte stay granted by this Court by the order dated 07.02.2008 was confirmed by this Court by an order dated 15.01.2009 and this Court has categorically ordered that the stay would continue till the disposal of the writ petition. The applicant had remained absent before the Court on 15.01.2009 when the order was passed. The stay granted by this Court on 2 07.02.2008 was, therefore, confirmed by an order dated 15.01.2009. In the aforesaid circumstances, the prayer made in prayer clause (i) of the civil application cannot be granted. The second prayer also cannot be granted as there is no necessity to pass any further order to reinstate the applicant/ respondent in service as order of reinstatement is not stayed by this Court and the applicant is free to take appropriate action in case he is not reinstated. The civil application is disposed of accordingly. JUDGE APTE