1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.721 OF 2009 Haroon Shaikh Chand Bagwan - PETITIONER VERSUS The Assistant Director of Health Services, Nashik Circle & Anr. - RESPONDENTS ***** Mr.PN Sonpethkar,Advocate for Petitioner; Mr.VH Dighe,AGP for Respondent Nos. 1 & 3. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 4th December, 2009. PER COURT : 1) Heard. 2) The petitioner claims absorption as Multi-purpose Health Worker (for short, MPW) in Malaria department of Respondent No.2. Original Application No.1074/1999 was filed by the petitioner before Maharashtra Administrative Tribunal, Aurangabad(for short, MAT). Initially, by order dated 12.1.2000, directions were issued by the Tribunal to the respondents therein to 2 consider the claim of the petitioner for absorption on the post of Multi-purpose Worker (MPW) though he has crossed the prescribed age limit. The said Original Application was finally disposed of by the Tribunal by order dated 27.3.2002, directing the respondents to consider the claim of the petitioner in terms of the Order given in Original Application No.1136/2000. Thereafter the petitioner filed a Writ Petition being Writ Petition No.6116 of 2006. The said Writ Petition was disposed of by the Division Bench of this Court on 11.7.2007 in the light of the affidavit in reply filed by the respondents, wherein it was contended that the claim of the petitioner would be considered as per the directions of the MAT, if the petitioner is otherwise eligible as per the relevant Rules. 3) On the basis of the affidavit in reply filed by the respondents in this petition, learned AGP submits that as the petitioner was age-barred, he could not be absorbed in the post claimed by him. According to the learned Counsel appearing for the petitioner, the petitioner did not receive any communication from the authorities in this regard. 4) In case the petitioner has not been communicated as regards rejection of his claim 3 for absorption, we direct the authorities to pass appropriate order and communicate the same to the petitioner within three weeks from today. In case the petitioner is aggrieved with the order of rejection of his claim for absorption, the petitioner is at liberty to resort to appropriate remedies as permissible in law. 5) With these directions, the petition stands disposed of. 6) An authenticated copy of this order be provided to learned AGP to act upon. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp721.09