1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.422 OF 2008 Shri Jagdish Kashinath Kotkar & Ors. .. Petitioners Vs. State of Maharashtra & Ors. .. Respondents Mr.J.G.Reddy for the petitioners Mr.V.S.Masurkar, G.P. for respondent nos.1 to 3 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED : 23RD JANUARY, 2008 DATED : 23RD JANUARY, 2008 DATED : 23RD JANUARY, 2008 P.C.: 1. Heard. 2. The petition can be disposed of at the stage of admission itself. 3. The short question for our consideration is whether the petitioners are entitled for an ad interim relief for continuing in employment. The petitioners have approached Maharashtra Administrative Tribunal in respect of their 2 absorption in category ’D’ to ’C’ as the respondent State refused to further extend the time granted for acquiring the required qualifications. 4. The petitioners also sought an interim order during pendency of their application before Maharashtra Administrative Tribunal. There is no controversy over the issue that the petitioners were appointed the post of Clerk cum Typist on 4.12.06 and one of the condition in the appointment letter was that they were required to pass English Typing examination @ 40 w.p.m. and Marathi Typing examination @ 30 w.p.m. within a period of 6 months which was extended from time to time and as they did not pass the said examination, they were served with the order dated 07.07.2007. 5. The learned members of the MAT were of the view that as the terms and conditions of the appointment are quite clear, the petitioners are not entitled for any ad interim relief. 6. We are informed by the learned counsel for the petitioners that all the petitioners have 3 appeared for the examination in November, 2007, the results of which are likely to be declared before the end of February, 2007. 7. In our view, taking into consideration the peculiar facts and circumstances which led to the appointment of the petitioners, their services can be protected till the results of the Typing examination are declared and, therefore, we dispose of this petition by granting interim stay to the execution, implementation and operation of the impugned order dated 10.01.2008 which is subject matter of challenge before the MAT till the results of Typing examination is declared. 8. This court makes it clear that it has not dwelled upon any aspect relating to the service conditions of the petitioner which are required to be considered on merits by MAT and has only granted limited relief as aforesaid. It will be open for MAT to thereafter dispose of the matter in accordance with law. Petition stands disposed of accordingly. 4 ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) (SMT.NISHITA MHATRE, J ) (SMT.NISHITA MHATRE, J ) (SMT.NISHITA MHATRE, J )