C. K. THAKKER, J. ( 1 ) THIS petition is filed against an order passed by the Collector, surendranagar, District Surendranagar-respondent No. 2 on June 28, 1994 annexure b to the petition in exercise of power under Section 258 of the Gujarat Municipalities Act, 1963 (hereafter referred to as the Act) being illegal, ultra-vires and without jurisdiction. ( 2 ) IT is the case of the petitioner that an order was passed by Administrative Officer, nagarpalika Shala Mandal- respondent no. 4 herein on June 21, 1994 by which the petitioner who was serving as Primary Teacher at Vastadi came to be transferred and posted at Vadhvan. The said order was suspended by respondent No. 2 in purported exercise of powers under Section 258 of the Act. ( 3 ) WHEN the matter was placed for hearing, this Court (Mr. M. R. Calla, J) passed the following order on June 15, 1994. "rule returnable in four weeks. Notice as to interim relief also returnable in four weeks. In the meantime the operation of the order dated 28-1-1994 passed by the Collector, Surendrnagar shall remain stayed and the petitioner shall be allowed to join at vadhvan in terms of the order passed by the Administrative Officer, Nagarpalika Shala Mandal, surendranagar. Direct Service permitted. "to be heard with Special Civil Application No. 9635 of 1994. ( 4 ) AS the order passed by respondent No. 2 was stayed and mandatory direction was given, the petitioner was allowed to join at Vadhvan in terms of the order passed by the administrative Officer, respondent no. 4. The learned Counsel for the petitioner states that the said order was implemented and the petitioner was allowed to join at Vadhvan. ( 5 ) TODAY when the matter was called out, learned Advocate for the petitioner submitted that respondent no. 2 Collector, Surendranagar has no power,, authority or jurisdiction to take any action to pass any order. According to him, the competent authority to take an action regarding appointment, transfer, etc. is only the Administrative Officer. He drew my attention to the provisions of the Bombay Primary Education Act, 1947 and the Bombay Primary Education Rules, 1949. He submitted that the Collector does not come in picture at all so far as service conditions of primary teachers are concerned. According to him, therefore, the impugned order requires to be quashed and set-aside. ( 6 ) MR. He drew my attention to the provisions of the Bombay Primary Education Act, 1947 and the Bombay Primary Education Rules, 1949. He submitted that the Collector does not come in picture at all so far as service conditions of primary teachers are concerned. According to him, therefore, the impugned order requires to be quashed and set-aside. ( 6 ) MR. Bukhari, learned A. G. P. for the respondents, on the other hand supported the order passed by the Collector, Surendranagar. He also submitted that the order annexure b to the petition is interlocutory in nature. Relying upon the recital made in the impugned order, he submitted that respondent No. 2 has made it clear that the order at annexure a was suspended for the time being till further order is passed. He submitted that in view of that situation this court may not interfere with the order by directing the second respondent to pass final order in accordance with law. ( 7 ) IN my opinion the contention raised by learned A. G. P. is well founded. The impugned order passed by respondent no. 2 is interim and interlocutory. Final order is yet to be passed. It cannot be gainsaid that the petitioner is likely to be affected by the said order and hence, as per the ratio laid down by this Court in M. H. Parmar vs. Collector, Rajkot and Anr. , 20 (2) GLR 97 the petitioner is required to be given an opportunity of hearing. ( 8 ) I may make it clear that I am not expressing any opinion on merits of the matter and respondent no. 2 is directed to decide the matter in accordance with law after considering relevent provisions of the Bombay Primary Education Act, 1947 and the rules framed thereunder and after affording the petitioner an opportunity of hearing. ( 9 ) BUT I find considerable force in the Submission of learned counsel for the petitioner that when interim relief is granted by this Court, it should be continued till the final decision is taken by the second respondent. Hence, interim relief is ordered to be continued till final disposal of the matter by respondent No. 2 and one week thereafter. ( 10 ) FOR the above reasons, this petition is allowed and respondent no. Hence, interim relief is ordered to be continued till final disposal of the matter by respondent No. 2 and one week thereafter. ( 10 ) FOR the above reasons, this petition is allowed and respondent no. 2 is directed to decide the matter in accordance with law after giving an opportunity of hearing to the petitioner. Rule is made absolute to that extent, with no order as to costs. .