1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4741 of 2001 Smt.Kala w/o Kishor Jiwane, Age 51 years, Occu.Service, District Maleria Officer, Aurangabad, r/o Aurangabad Tq. & Dist.Aurangabad. ...PETITIONER VERSUS 1. Saheb s/o Pemji Kapure, Age 37 years, Occu. service, District Maleria Officer, Parbhani, r/o Nandanwan Colony, Aurangabad, Dist. Aurangabad AND THREE OTHERS. ...RESPONDENTS ... Mr.N.K.Tungar, Adv., for Mr. P.V.Mandlik, Senior Counsel, for the petitioner. Mr.S.K.Kadam, A.G.P., for respondent State. ... CORAM:S.B.DESHMUKH AND K.U.CHANDIWAL, JJ. DATE:26/8/2010 *** PER COURT : (Per S.B.DESHMUKH, J.) 1. Heard Mr.N.K.Tungar, learned Counsel, instructed by Mr.P.V.Mandlik, Senior Counsel, and 2 Mr.S.K.Kadam, learned A.G.P. for respondent nos. 2 to 4. None present for respondent no.1. Respondent no.1 served, absent. 2. With the assistance of learned Counsel present before the Court, we have seen the order passed by learned Maharashtra Administrative Tribual ( hereinafter referred to as, "MAT') allowing the petition. It is final order. Transfer order was challenged before the MAT. After hearing learned Counsel for the petitioner, in our opinion, present petitioner, who was around 51 years old on the date of passing of the order by learned MAT, probably, now may not be in the employment of the respondent State. Even otherwise, transfer order was subject matter before the learned MAT. This Court had issued Rule with interim relief in terms of prayer clause C on Nov.,20, 2001. In our opinion, petition has become infructuous. Writ Petition stands dismissed and disposed of. 3. Learned Counsel for the petitioner seeks liberty, if present petitioner Smt.Kala w/o Kishor Jiwane is in employment of the State and desires to move appropriate proceedings before appropriate forum. We grant such liberty. 3 Petition stands disposed of. No costs. Rule discharged. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE agp/4741-01wp