(1) wp2088-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2088 OF 2011 Ulhas Padmakar Gandal PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. S.S. Thombre, advocate for the Petitioner. Mr. S.K. Kadam, A.G.P. for the Respondent-State. Mr. U.B. Bondar, advocate for respondent No. 4 Mr. J.S. Deshmukh, advocate for respondent No. 5. ..... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 23rd MARCH, 2011 ORAL ORDER (PER M.T. JOSHI, J.) : 1. Heard learned counsel for the parties and learned A.G.P. 2. In the present petition, the petitioner is mainly seeking following relief : (2) wp2088-11 "By issuing writ of certiorari or any other writ or order in the like nature, the order dated 16.03.2011 passed by the learned Member, Maharashtra Administrative Tribunal, Aurangabad in Original Application No. 76/2011 may kindly be quashed and set aside." The petitioner, by way of interim relief, is also seeking stay to the aforementioned order and direction to the respondent No. 4 - Chief Executive Officer not to relieve the petitioner from the post of Taluka Health Officer, Aurangabad, till the final adjudication of the present writ petition. 3. Respondent No. 5 - Dr. D.B. Gholap was, vide order dated 20th August, 2009, posted as Taluka Health Officer at Aurangabad. He was sent on deputation for training at Bhopal for the period from 4th February, 2011 to 14th February, 2011. While he was on deputation, by another order dated 4th February, 2011, respondent No. 4 - Chief Executive Officer, Zilla Parishad, Aurangabad posted him from (3) wp2088-11 Aurangabad to Primary Health Centre at Adul, Taluka Paithan. In his place, the present petitioner was posted from Primary Health Centre, Daulatabad as Taluka Health Officer at Aurangabad. Aggrieved by such sudden posting, respondent No. 5 had moved the Maharashtra Administrative Tribunal, Bench at Aurangabad by filing Original Application No. 76/2011, which was allowed by order dated 16th March, 2011 and the order passed by respondent No. 4 - Chief Executive Officer was quashed and set aside. Said order of the Tribunal is under challenge in this writ petition. 4. We have duly heard Mr. S.S. Thombre, learned counsel for the petitioner for a considerable time. He relied on Government Resolution dated 16th May, 2007, which provides that a Medical Officer posted at a Primary Health Centre may be posted as Taluka Health Officer, in addition to his regular work as Medical Officer of a Primary Health Centre. On the basis of this Government Resolution, Mr. Thombre submitted that the earlier posting of respondent No. 5 as Taluka Health Officer at Aurangabad so also the (4) wp2088-11 posting of the present petitioner in his place at the same post cannot be called as a transfer and, therefore, the learned Member of the Maharashtra Administrative Tribunal committed error in granting the Original Application. 5. However, the order dated 4th February, 2011, passed by respondent No. 4 - Chief Executive Officer shows that respondent No. 5 was actually appointed as Taluka Health Officer and is thereafter transferred to Primary Health Centre at Adul, Taluka Paithan as a Medical Officer. It is also clarified in the order that respondent No. 5 would be entitled for transfer allowance and diet allowance as per the Rules. In the circumstances, we do not find any irregularity in the order passed by the learned Member of the Maharashtra Administrative Tribunal. The petition is, therefore, summarily dismissed. [M.T. JOSHI, J.] [D.B. BHOSALE, J.] NPJ/wp2088-11