1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4932 OF 2009 Dr.Suryakant Arjunrao Sable, Age 39 years, Occu.Service, Presently working as Medical Officer, Rural Hospital, Majalgaon, Taluka Majalgaon, Dist.Beed .. PETITIONER VERSUS 1. The State of Maharashtra through its Secretary, Public Health Department, Mantralaya, Mumbai 32 2. The Civil Surgeon, District Rural Hospital, Majalgaon .. RESPONDENTS Shri S.K.Shinde, Advocate for petitioner Shri V.H.Dighe, AGP for respondent Nos.1 and 2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 7th August 2009 PER COURT : 1. By this petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the order passed by the Aurangabad Bench of the Maharashtra Administrative Tribunal dated 17.7.2009, in Original Application No.634 of 2009, dismissing the said application. The petitioner 2 also prays for directing the respondents not to implement the order of transfer dated 15.6.2009 to the extent of the petitioner till the end of academic year 2009-10 i.e. till 30.4.2010. 2. It appears that by the impugned order the petitioner came to be transferred from Majalgaon to Rural Hospital, Mantha, District Jalna. According to the petitioner, the post which the petitioner is holding i.e. of Medical Officer is unfilled as no one has been posted in place of the petitioner till today though the petitioner has been relieved now. The petitioner, therefore, filed Original Application No.634 of 2009 before the Aurangabad Bench of the Maharashtra Administrative Tribunal. The Tribunal dismissed the said Original Application as it found that no prima facie case was made out. According to the petitioner the petitioner’s son is taking education in X Standard in the present academic year 2009-10 and it would be inconvenient to the petitioner in the event the petitioner is transferred from Majalgaon to Mantha as the transfer would jeopardize the studies of the son of the petitioner. The petitioner has annexed to the petition copy of the Judgment rendered by the Division Bench of this Court in Writ Petition No.556 of 2005 dated 4.2.2005 and copy of the order dated 25.8.2006 in Writ Petition No.6002 of 2006. In the aforesaid circumstances, the Division Bench of this 3 Court in the aforesaid Judgments had permitted the petitioners therein to remain at their original place of posting till the academic year. 3. The petitioner, unfortunately has not submitted any representation to the respondents requesting for holding the transfer order in abeyance till 30th April 2010. In that light of the matter, therefore, Shri Shinde learned Counsel for the petitioner states that the petitioner would submit a representation to the respondents within two weeks from today praying therein that the transfer order be kept in abeyance till 30th April 2010. Shri Dighe learned Assistant Government Pleader states that upon receipt of the said representation from the petitioner the respondents would decide the same, in accordance with law, within period of eight weeks. In the light of that, therefore, we are not inclined to interfere in the present petition. However, since no one has been posted in place of the petitioner though the petitioner has been relieved, we direct that till the representation of the petitioner is decided, the petitioner be retained at the original place of posting as a Medical Officer, Rural Hospital, Majalgaon. 4. Writ Petition is accordingly dismissed accepting the statement made on behalf of the petitioner and the respondents and with the aforesaid directions with no order as to costs. 4 5. Copy of this order duly authenticated by the Court Sheristedar be provided to the learned Counsel for the parties to act upon. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/4932.09Awp)