/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1011 OF 1995 N.L. Kondnaney ...Petitioner Vs. Board of Trustees of the Port of Bombay and Others ...Respondents ----- Mr.K.S. Bapat i/b Mr. S.G. Walam for Petitioner Mr. R.S.Pai i/b M/s Mulla & Mulla for Respondent Nos.1 and 2 Mr. Y.R. Mishra a/w. Mr. D.A.Dube -Union of India. CORAM: SWATANTER KUMAR, C.J. & V.M. KANADE J. DATED JULY 3, 2008 P.C. 1. The Petitioner has claimed that he has challenged two cause of actions; one regarding quashing of an order of transfer vide order dated 18th May, 1994 by which he was relieved of his duties as Chief Mechanical Engineer and appointing him to the post of Head of Consultancy Services Group and further not fixing of the pension on the basis of post of Chief Mechanical Engineer. 2. The Learned Counsel appearing for the Respondent states that while referring Exhibit J, order dated 18th May, 1995 the Petitioner was transferred from the post of Chief Mechanical Engineer to the Head of Consultancy Services Group on the same pay scale and was not expected to / 2 / loose of his benefits in the transferred post of Head of Consultancy Services Group . He further states that the Competent Authority shall consider the case of the Petitioner for grant of pension in accordance with rules. The original pay scale, as applicable, would also be taken into consideration as Petitioner has continued to receive the pay scale of Chief Mechanical Engineer and/or its equivalent. 3. In view of the statement made by the Learned Counsel for Respondent, nothing survives in this writ petition. Petition is accordingly disposed of. Respondent shall abide by their statement and take appropriate steps within 8 weeks from today. No order as to costs. CHIEF JUSTICE V.M. KANADE J.