1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 353 OF 2009 IN WRIT PETITION NO. 2459 OF 1996 Shashikant s/o Pandharinath Waghmare ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. M.D. Shinde, advocate for the petitioner Mr. D.R. Korde, A.G.P. for respondents ..... CORAM: S. S. SHINDE, J. DATED: 27TH AUGUST, 2010 PER COURT:- 1 Heard learned counsel for the parties. 2 The learned Division Bench of this Court, while deciding the writ petition No. 2459 of 1996 on 21.4.1998, in para 4 has observed thus:- "4. However, in view of the recent directives of the Government to centralize the appointments on compassionate ground at the Collectorate of each district and maintaining a register thereof and a common list of such candidates, we 2 direct the respondent No. 3 and 4 to forward the name of the petitioner to the concerned Collector who shall include the name of the petitioner in the register maintained for the said purpose." 3 Affidavit in reply is filed on behalf of respondent Nos. 3 and 4 on 8.4.2010. In para 2 of the said reply, the affaint has tendered unconditional apology. It is further stated in the said affidavit that directions given by this court are duly complied with and the name of the petitioner was included in the common seniority list and after inclusion the name of the petitioner his claim was considered. On careful perusal of para 4 of the order dated 21.4.1998, passed by the Division Bench of this court, it appears that there was direction to respondent Nos. 3 and 4 in the writ petition to forward the name of the petitioner to the concerned Collector and the Collector was further directed to include the name of the petitioner in the register maintained for the said purpose. It is an admitted position that in pursuance to the directions of this Hon'ble Court, name of the petitioner was included in the common seniority list. His case was considered on the compassionate ground. Therefore, viewed from any angle, in my opinion, there is strict compliance of the order dated 21.4.1998 passed by the Division Bench of this Court in writ petition No. 2459 of 1996. Thus, there is no substance in the contempt petition. Contempt notice is discharged. Contempt petition is dismissed. 3 4 However, it will be open for the petitioner to take appropriate proceeding before the appropriate forum, if he is aggrieved of his non selection by the Collector. ( S. S. SHINDE. J.) rlj/