1. Both these miscellaneous applications are allowed.

2. The operative part of the order dated 9.1.2004 in O.A. No. 763 of 2003 is modified and shall read as follows:

"The respondent no. 1 is directed to finalize the seniority list of Dy. Collectors determining the inter-se seniority among promotee Dy. Collectors and direct recruit Dy. Collectors on the basis of relevant rules and also after deciding the objections raised by the applicants to the provisional seniority list within a period of six months from today. The respondent no. 1, however is at liberty to make selection for promotion on the basis of the provisional seniority list subject to condition that 32 promotions given on the basis of such selection shall be subject to the inter-se gradation in the final seniority list. O.A. is disposed of accordingly. No order as to costs".

3. Additional time of six months is granted to the applicant from today for implementing the order dated 9.1.2004, passed in O.A. No. 763 of 2003.

4. No order as to costs.”

17. The above orders were challenged in Writ Petition No.7851/2004 (Jotiba T. Patil and others vs. The State of Maharashtra and others), (Civil Appellate Jurisdiction, Mumbai) and