ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 5149 OF PETITION NO. 5149 OF PETITION NO. 5149 OF 2001 2001 2001 Tukaram Vishnu Payagan ...Petitioner. Vs. The Director of Municipal Administration Maharashtra State, Mumbai & Ors. ...Respondents. Mr.S.G.Kudale for the Petitioner. Mr.K.S.Bapat for Respondent No.2. Mr.V.A.Sonpal, AGP for Respondent Nos. 1, 3 and 4. Mr.V.B.Rajure for Respondent No.5. CORAM CORAM CORAM : P.B.MAJMUDAR & : P.B.MAJMUDAR & : P.B.MAJMUDAR & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 8th April, 2009 : 8th April, 2009 : 8th April, 2009 P.C.:- P.C.:- P.C.:- 1. By way of this Petition, the Petitioner has challenged the order dated 5.10.2001 passed by Respondent No.1 by which the Respondent No.5 herein is appointed as a Sanitary Inspector. According to the learned counsel appearing for the Petitioner, Respondent No.5 was not eligible to be appointed as a Sanatary Inspector as per the Rules. 2. Mr.Bapat, the learned counsel appearing for Respondent No.2 states that in view of subsequent ( 2 ) development, Respondent No.5 was eligible but now he has also been absorbed in the Government and today the post is vacant, as far as the Municipal Council is concerned. 3. Considering the aforesaid aspect, we dispose of this Petition with a direction that as and when the post of Sanatory Inspector is required to be filled in from amongst all the eligible candidates, the Petitioner’s claim should also be considered for the said post as per the law. In view ofwhat is stated above, nothing further survives in this petition. If the vacant post is not filled in as per the recruitment rules and as per the laws, necessary steps should be taken by the Municipal Council to fill up the post expeditiously. The writ Petition is disposed of accordingly. Rule discharged. (ANOOP (ANOOP (ANOOP V.MOHTA, J.) V.MOHTA, J.) V.MOHTA, J.) (P.B.MAJMUDAR, (P.B.MAJMUDAR, (P.B.MAJMUDAR, J.) J.) J.)