FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3223 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard. 2 The learned Counsel for the petitioners pointed out that during pendency of this petition, petitioner no.1 has been terminated from services. If it is so, nothing survives for consideration in this petition qua the petitioner No.1 as the relief claimed in the petition is only to question order of transfer. In so far as petitioner No.2 is concerned, we find that the transfer has been ordered on account of administrative exigencies. There is no allegation in the petition of any malafide exercise of power. Since the petitioner No.1 is no more in service, the ground that husband and wife should be placed at one place, does not survive for consideration. 3 In the circumstances, this petition should fail. The learned Counsel for the petitioners however, submits that to victimize the petitioner No.2, the management may terminate the services of the petitioner No.2 as well. That is not the controversy to be answered in the present petition. If such action is taken, it will be open to the petitioner No.2 to challenge that decision of the management before the appropriate forum, which grievance can be considered, on its own merits, in accordance with law. Petition dismissed on above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 26.02.2010. PLK/*