(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 12630 of 2009 (In Civil Application No. 4244 of 2006) (In Writ Petition No. 4556 of 2005) Savda Municipal Council, Savda, Taluka : Raver, District : Jalgaon, Through its Chief Officer. .. Applicant. versus Arun Shankar Thosare, Age : 39 years, Occupation : Service, R/o. Savda, Taluka : Raver, District : Jalgaon. .. Respondent. .......................... Mr. N.B. Suryawanshi, Advocate, for the applicant. Mr. V.Y. Patil, Advocate, for the respondent. .......................... CORAM : B.R. GAVAI, J. DATE : 15TH DECEMBER 2009. (2) COURT'S ORDER : 1. By way of present petition, the applicant is recalling of the order dated 14th February 2007, in Civil Application No. 4244/2007 in para 3(1) to the extent it directs the applicant to absorb the respondent on the immediately first vacancy appearing in the Municipal Council. 2. Mr. N.B. Suryawanshi, learned Counsel appearing for the applicant, submits that by sub-paragraph 1 of paragraph 3 of the order dated 14th February 2007, this court has directed the Municipal Council to absorb the respondent employee on the immediately first vacancy appearing in the Municipal Council. He submits that since the vacancies which occur in the Municipal Council are required to be filled in by the persons who are occupying supernumerary posts, it is difficult to comply with the said direction. He further submits that the Director of Municipal Administration has also been moved to create a temporary supernumerary post for accommodating the respondent employee. 3. The Apex Court vide order dated 5th January 2006, had permitted the respondent employee to renew his request for vacating interim relief granted by this court, in the event, the work was not provided to him by the petitioner Municipal Council. As such, the respondent employee had approached this court by way of Civil Application No. 4244/2006. The court, instead of vacating the interim relief, passed an operative order in the interest of justice. The said order was passed after hearing learned Counsel for the parties and taking into consideration facts and circumstances of the case. (3) 4. I find that the contention of the Municipal Council, that since the posts falling vacant are required to filled in from the persons working on supernumerary posts, is without merit. Had this court not granted interim relief or vacated the interim relief, the Municipal Council would have been bound to follow the directions given by the Industrial Court. In that event, the ground, which is sought to be advanced, would not be available to the Municipal Council. However, by way of stopgap arrangement, so as to meet ends of justice, this court had passed the order dated 14th February 2007, as an interim arrangement during the pendency of the petition. 5. In that view of the matter, I do not find any merit in the Civil Application and it is accordingly rejected. It is needless to state, that absorption of the respondent employee, as directed by this court, shall be on temporary basis and subject to the final result of the petition. ( B.R. GAVAI ) JUDGE ......................... bgp/ca12630