FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.752 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 The tribunal has disposed of the Original Application filed by the respondent No.4 herein by directing the respondents State Government / Divisional Commissioner, Aurangabad to consider the request of the respondent No.4 for transfer and posting in April, May or June, 2010 as Tahsildar of Aurangabad when the annual transfers would be initiated. The respondent No. 4 has not challenged the said decision before us. It is the respondent No.4 in the Original Application who has questioned the tenor of the order passed by the Tribunal on the apprehension that the observation in the operative part would mean that respondent No.4 herein should be considered for transfer and posting only as Tahsildar of Aurangabad and no other post. In that case, the petitioner before this Court will have to be dislodged, which will result in prejudice to the petitioner and dislocation of the petitioner would be contrary to the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. 3 We are of the opinion that the apprehension of the petitioner is misplaced. We are certain that the authorities would consider all aspects of the matter before taking any decision in terms of the observation made by the Tribunal and not read the operative order as peremptory direction to post the respondent No.4 as Tahsildar of Aurangabad. The appropriate authority shall give opportunity to the petitioner as well as respondent No.4 before any final decision is taken in the matter. If the decision is adverse to the petitioner, that shall not be given effect to, for a period of ten days from the date of communication of the decision so as to enable the petitioner to carry the matter further, if so advised. It is once again made clear at the request of Mr. Talekar, learned Counsel for Respondent No.4 that all questions are left open, to be decided by the appropriate authority, on its own merits. Petition disposed of on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 24.02.2010. PLK/*