FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1857 OF 1998 WITH WRIT PETITION NO. 4096 OF 1998 WITH WRIT PETITION NO. 4806 OF 1998 AND CIVIL APPLICATION NO. 6568 OF 1999 WITH WRIT PETITION NO. 5689 OF 1998 AND CIVIL APPLICATION NO. 5238 OF 1999 WITH WRIT PETITON NO. 6313 OF 1998 WITH WRIT PETITION NO. 6367 OF 1998 WITH WRIT PETITION NO. 6368 OF 1998 WITH WRIT PETITION NO. 6369 OF 1998 AND CIVIL APPLCIATION NO. 6590 OF 1999 WITH WRIT PETITION NO. 4253 OF 1998 WITH WRIT PETITION NO. 4884 OF 1998 WITH WRIT PETITION NO.1749 OF 1999 ------------------------------------------------------ Office Notes, Office Court’s or Judge’s Memoranda of Coram, orders appearance, Court’s orders or directions and Registrar’s orders ------------------------------------------------------ Mr. Uday Warunjikar for petitioners in all the matters. Mr. Vinay Sonpal, AGP for State in all the matters. CORAM: B.H. MARLAPALLE, & CORAM: B.H. MARLAPALLE, & CORAM: B.H. MARLAPALLE, & NARESH H. PATIL, JJ. NARESH H. PATIL, JJ. NARESH H. PATIL, JJ. 11/10/2006. P.C.: P.C.: P.C.: . In all these petitions the relief claimed in terms of prayer clause (a) readas as under:- "This Hon’ble Court be pleased to quash and set aside communication ordered by telegram dated 16/10/1998 issued by the respondent nos.2 and 3 by issuing writ of certiorari or any writ, direction or order in the nature of certiorari and further direct the respondent nos.2 and 3 to absorb the petitioners by using powers under Rule 5 of Indian Audit & Accounts Department (Divisional Accountant) Recruitment Rules 1988." . Admittedly, during the pendency of these petitions all the petitioners have retired on reaching the age of superannuation and, therefore, these petitions have become infructuous. . The petitions are dismissed as infructuous. We make it clear that the disposal of these petitions as infructuous will not take away the petitioners’ right to claim pensionary benefit or retiral benefit as per law, if they were denied the same. . C.A. Nos.5238/99, 6568/99 and 6590/99 do not survive and same are disposed as such. (Naresh H. Patil,J.) (Naresh H. Patil,J.) (Naresh H. Patil,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)