1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.3371 of 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.S. Fulzele, AGP for petitioners. ----- CORAM : A.H. JOSHI AND R.C.CHAVAN,JJ. DATE : 06th August, 2007. 1. Heard. 2. The findings recorded by the Maharashtra Administrative Tribunal in paragraph 27 of the Judgment are in total conformity with the proviso to Sub-rule [4] of Rule 10 of the Maharashtra Civil Services [Pension] Rules, 1982. For ready reference, it would suffice to refer thereto, namely that a Government servant, who holds a Class-III post in a substantive capacity but is holding a Class-I or Class-II post in an officiating capacity, shall, in case it is decided to retire him from service while holding a Class-I or Class-II post, in the public interest, be allowed on his request in writing to the appropriate authority to continue in service in Class-III post which he holds in a substantive capacity. 2 3. We find that no such opportunity was given to the respondent. 4. The Writ Petition does not reveal as to how the finding recorded in para 27 of the Judgment is erroneous. 5. In this background, the petition does not merit interference. 6. It is accordingly dismissed. Judge Judge |Hedau|