1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No. 389 of 2009 IN Writ Petition No. 2023 of 2005 [decided] [Mr. Bhaskar Atmaramji Gade Vs. President, Apang Jiwan Vikas Sanstha & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. G.R. Sadar, Adv., for the appellant. ----- CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 14th September, 2009. 1. Heard. 2. Though the order of learned Single Judge is in favour of appellant, the appellant contends that after having found that selection of respondent no.2 was not proper, the said selection ought to have been set aside and full relief should have been given to appellant. 3. It is apparent that respondent no.2 has worked on said post for quite some time. In the facts and circumstances, learned Single Judge has, therefore, rightly directed Management to consider not only the case of petitioner, but also that of respondent no.2 and other similarly 2 situated eligible candidates. The consideration has been directed irrespective of advertisement. Thus, the learned Single Judge has protected the interest of Management and also that of present appellant. If the appellant is found eligible and fit for promotion, he can be promoted as a Junior Clerk. 4. Adv. Mr. Sadar contends that after the order of learned Single Judge, Management has conducted a Written Test by keeping the appellant in dark. The said subsequent event is not relevant at all in present Letters Patent Appeal. The appellant is at liberty to take appropriate objection to that exercise. 6. In the circumstances, there is no merit in the Letters Patent Appeal. Letters Patent Appeal is, therefore, dismissed. Judge Judge |Hedau| 3