IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (L) NO. 1082 OF 2007 PETITION (L) NO. 1082 OF 2007 PETITION (L) NO. 1082 OF 2007 Sameer Gulzarilal Lathi ..Petitioner V/s. State of Maharashtra & Ors. ..Respondents Ms. Asha Bhambwani for the Petitioner Mr. G.W. Mattos, A.G.P. for Respondent No.1 Ms. M.P. Karnik for Respondent No.2 CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 24th July 2008. : 24th July 2008. : 24th July 2008. P.C.: . Heard, 2. By this Petition, the Petitioner has challenged the Government Resolution dated 12th October, 2006 and prayed that the same be quashed and set aside. 3. The Petitioner is working as a Junior Engineer. The case of the Petitioner is that the Government Resolution dated 12th October, 2006 is discriminatory and unconstitutional on the ground of treating the "Junior Engineers" covered by the said Resolution as "Assistant Engineers" - Class II with retrospective effect for any benefits and especially the benefit of : 2 : including their names in the Seniority List of Assistant Engineers - Class II. 4. During the pendency of the Petition, it has been brought to our notice by the learned AGP that the decision taken under the impugned Government Resolution has been cancelled by Government Resolution dated 3rd March, 2008. Copy of the Government Resolution is placed on record and marked as Exhibit "X" for identification. 5. In view of the cancellation of the Government Resolution which has been impugned to the Petition, the cause of action does not survive. 6. Therefore, Petition is disposed off as infructuous. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J) Tated, J) Tated, J)