FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 463 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard counsel for the parties. We find no infirmity in the conclusion reached by the Tribunal in the impugned decision to the effect that the circular dated 5.2.2008 was the product of the decision of the Division Bench of the Tribunal at Nagpur, dated 16.1.2008. The said decision has become final as the same has not been challenged either before the Tribunal or for that matter in the present writ petition. In our view, so long as the said decision operates, no fault can be found with the respondents of having issued circular dated 5.2.2008, which is founded on the said decision. In the circumstances, counsel for the petitioner seeks leave to withdraw this petition to approach the Tribunal and demonstrate before the Tribunal, Nagpur Bench that order passed on 16.1.2008 requires review/reconsideration and if that prayer succeeds, the circular dated 5.2.2008 will have to be recalled. We allow request of the petitioner to withdraw the petition with liberty as prayed for. All questions are left open. (S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) Date:09.02.2010. rlj/