1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1202 OF 2010 Arun S/o Harihanrao Kulthe .... PETITIONER VERSUS The State of Maharashtra & Others. .... RESPONDENTS Mr. V.D.Solunke, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for Resp.Nos. 1 & 2 - State . Mr. S.R. Yadav, Advocate for Respondent No. 4. Mrs. Renuka Ghule – Palve, Advocate for Resp.No.3. CORAM : MOHIT S. SHAH, C.J. & S.V. GANGAPURWALA, J. DATE: 26/08/2010 ORAL ORDER : 1. When this petition was filed on 10/02/2010, the petitioner had challenged the Order dated 05/01/2010 passed by respondent no. 3 – Zilla 2 Parishad, Parbhanni appointing the petitioner as Senior Assistant ( Accounts ) in the Zilla Parishad, Parbhani. The petitioner’s contention was that since Zilla Parishad, Parbhani was the petitioner’s parent department, the petitioner was entitled to be repatriated from Hingoli Zilla Parishad and was also entitled to be appointed on the post of Junior Accounts Officer. During the pendency of the petition, the petitioner is already appointed as Junior Accounts Officer in the Zilla Parishad, Parbhani. The petitioner’s grievance is, therefore, redressed. However, the learned counsel for the petitioner submits that the petitioner is entitled to be absorbed to the post of Junior Accounts Officer in the Zilla Parishad, Parbhani with deemed date and that the respondents have not obeyed the directions given by this Court in the Judgment dated 04/08/2009 in Writ Petition No. 242 of 2009. 2. The learned counsel for Zilla Parishad, Parbhani points out from the affidavit in reply dated 21/06/2010 that there were two ( 2 ) vacancies for the post of Junior Accounts Officer, but one of them was reserved for Scheduled Tribe category and the other for open category. One Mr. P.N.Dudhate was absorbed in the open category as Junior Accounts Officer and, therefore, there was no other vacant post for open category. The present petitioner, therefore, was earlier absorbed on the post of Senior Assistant ( Accounts ) after the petitioner gave his consent on 17/12/2009. 3 3. At this stage, the learned counsel for the petitioner submits that there is nothing to show that Mr. P.N. Dudhate was senior to the petitioner and the petitioner ought to have been absorbed on the post of Junior Accounts Officer. 4. Although the affidavit in reply is filed, the same was served upon the petitioner. No re-joinder affidavit is filed on behalf of the petitioner and, therefore, it is not possible to examine the grievance now sought to be made by the petitioner. 5. In view of the above, we are of the opinion that since the petitioner’s grievance no more survives in so far as the petitioner is now absorbed as Junior Accounts Officer in the Zilla Parishad, Parbhani, we leave it open to the petitioner to make the representation to the concerned authority for giving the petitioner the deemed date in the cadre of Junior Accounts Officer. If such representation is made by the petitioner within the period of two ( 2 ) weeks from today, the concerned authority i.e. respondent no. 3 – Zilla Parishad, Parbhani shall consider and decide the same by passing reasoned order as expeditiously as possible and in any case within the period of two ( 2 ) months from the receipt of such representation. 4 6. It is clarified that we have not gone into the merits of the controversy about the petitioner’s claim to be absorbed as Junior Accounts Officer prior to the appointment of Mr. P.N. Dudhate as Junior Accounts Officer in the Zilla Parishad, Parbhani. All contentions are kept open. CHIEF JUSTICE [ S.V. GANGAPURWALA ] JUDGE knp/ WP 1202.2010