1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.2633/2009 IN WRIT PETITION NO.2683 OF 2008 (Central Provident Fund Commissioner and others vs. Suresh Sitaram Modani) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : DECEMBER 4, 2009 Heard Shri Kilor, learned Counsel for the applicant/respondent, and Shri Sundaram, learned Counsel for the petitioners. Civil Application No.2633/2009 is moved by the respondent seeking direction to the petitioners to consider the claim of the respondent for promotion to the post of Enforcement Officer in the general category. Shri Kilor, learned Counsel for the applicant/respondent, states that the petition is directed against the order dated 30/1/2008 passed by the Central Administrative Tribunal. It is submitted 2 that this Court vide order dated 30.9.2008 admitted the petition and granted interim relief in terms of prayer clause (ii) to the petitioners. It is further submitted that by the said order dated 30.9.2008, this Court clarified that respondent being first on the waiting list in the open quota, the order of interim relief passed by this Court will not come in his way of claiming promotion to the immediate additional post being available in the open category. The learned Counsel states that now there is a vacancy available in the open category and, therefore, respondent has made the civil application seeking above referred direction to the petitioners. In the circumstances, we allow the civil application If the claim of the applicant/respondent to the promotional post is allowed, same would be subject to the result of the petition. JUDGE JUDGE khj