1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4088 OF 2009 IN WRIT PETITION NO. 8421 OF 2005 Dr. Kantilal Sitaram Ingle .. Applicant Versus The State of Maharashtra and another .. Respondents Miss. Priti Kale, Advocate h/f Mirs. Asha Rasal, Advocate for the Applicant. Shri S. K. Kadam, A.G.P. for the Respondents. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 12TH OCTOBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. Miss Kale the learned counsel holding for Smt. Rasal submits that, Smt. Rasal has served a notice for withdrawal of appearance of the applicant and requests for discharge from appearance for applicant. Smt. Rasal is discharged. 2. Inspite of service of notice none appears for the applicant. The applicant who is original respondent in the petition by way of present application has sought a direction to the respondents to 2 consider and appoint him as medical officer. 3. The petition filed by the State arises out of judgment and order passed by the learned Maharashtra Administrative Tribunal vide which the learned Tribunal has found the respondent (The applicant in the application before the learned Tribunal) i. e. present applicant entitled to annual increments and other service benefits. The said order is challenged by the State before this Court. 4. In that view of the matter, we do not find that the relief claimed in the application can be granted in the petition filed by the State. The application is therefore rejected. 5. Leave to correct the affidavit. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Oct. 09