Manoj Deorao Chavan And 3 Others v. The Workshop Manager, And 2 Others

wp3188.98 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3188 OF 1998 Manoj Deorao Chavan and others -vsThe Workshop Manager, Maharashtra State Road Transport Corporation and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ None for the petitioners.

Mr. D.M.Kale, A.G.P. for the respondent-State. CORAM : SMT. VASANTI A. NAIK & A. I. S. CHEEMA, JJ.

DATE : 24.08.2015.

P. C.

By this petition, the petitioners have challenged the policy decision of the respondents in the circulars, dated 11/08/1989 and 19/09/1990. The petitioners have sought a direction to the respondents to absorb the petitioners in the vacancies instead of filling the same by following the normal selection process.

On the basis of the apprenticeship of the petitioners with the respondents-Corporation, the petitioners have sought their absorption in service by challenging the circulars of the respondents-Corporation dated 11/08/1989 and 11/09/1990. The writ petition has been pending in this Court since the year 1998. Most of the petitioners must be over aged by now. Even if the circulars, dated 11/08/1989 and 11/09/1990 are quashed, the petitioners may not get the benefit of being absorbed in service. By the interim orders, we had directed the Corporation to consider the cases of the petitioners for absorption/appointment along with the other candidates, who had applied in pursuance of the advertisement. The petitioners were considered and the

wp3188.98 2/2 petitioner No.1 was found fit for appointment. It is most likely that the petitioner No.1 must have been appointed on the Class-IV post by the respondents-Corporation. Due to the pendency of the matter for nearly two decades, the cause for filing this writ petition must have been rendered infructuous in respect of the other petitioners. The Corporation would be free to continue the petitioner No.1 on the Class-IV post, if he is so appointed.

In the circumstances of the case, we dispose of the writ petition with no order as to costs.

Rule stands discharged.

JUDGE JUDGE KHUNTE