1 ASWP-2143-2485-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2143 OF 2011 Shri Yogiraj Subhash Mahale ...Petitioner Versus The Education Officer (Primary), Zilla Parishad, Nashik and ors. ...Respondents WITH WRIT PETITION NO. 2485 OF 2011 Lasalgaon Shikshan Sahayyak Mandal, Lasalgaon ...Petitioner Versus The Education Officer (Primary), Zilla Parishad, Nashik and ors. ...Respondents Mr.Harshad Shingnapurkar i/b. Mr.Amit Borkar for petitioner in W.P. 2143 of 2011. Mr.N.V.Bandiwadekar i/b. Mr.S.M.Sabrad for petitioner in W.P.2485 of 2011. Ms.Anamika Malhotra for resp.no.1 in both the petitions. Ms.S.S.Bhende, AGP for resp.no.2 in both the petitions. 2 ASWP-2143-2485-2011 Mr.Anilkumar Patil for respondent no.3 in both the petitions. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. September 20, 2011. P.C. 1. Both the petitions challenge the common order dated 20/1/2011 passed by the Education Officer (Secondary), Nashik and, therefore, the petitions are being decided by this common order. The first petition has been filed by the new appointee as Shikshan Sevak whereas the second petition has been filed by the management. 2. Shri Mohan Sajan Nikam who is respondent no.3 in both the petitions was working as an Assistant Teacher at Jijamata Primary School run by the Lasalgaon Shikshan Sahayyak Mandal i.e. the petitioner in the second petition and on his consent he was sought to be transferred to the secondary school by name Loknete Dattaji Patil Vidyalaya, Lasalgaon. This proposal was approved by the Education Officer (Secondary), Zilla Parishad, Nashik by his order dated 24/9/2010 subject to the conditions 3 ASWP-2143-2485-2011 set out therein and on 12/11/2010 the transfer order was issued. It appears, the respondent no.3 made representations and he did not report at the new school i.e. Loknete Dattaji Patil Vidyalaya, Lasalgaon, Dist. Nashik. The Education Officer (Secondary), Nashik allowed the representation by his order dated 20/1/2011 and directed that the respondent no.3 – Shri Nikam be transferred to his original school i.e. Jijamata Primary School and the first petitioner who came to be appointed as Shikshan Sevak on the transfer of Shri Nikam at Jijamata Primary School is aggrieved by the said order dated 20/1/2011 in as much as the approval granted to his appointment cannot be continued. 3. After we had heard the respective parties at length, Mr.Bandivadekar, the learned counsel for the management submitted that even if Shri Nikam is re-transferred or retained at Jijamamata Primary School as Assistant Teacher, Shri Mahale who was appointed in his place as Shikshan Sevak is not likely to be displaced because one more vacancy of Assistant Teacher at the said primary school exists as of now. If that be so it would be appropriate that both the orders i.e. order dated 24/9/2010 and order dated 20/1/2011 are quashed and set aside. 4 ASWP-2143-2485-2011 4. We, therefore, direct that the respondent no.3 shall be re-transferred to Jijamata Primary School within two weeks from today and consequently Shri Mahale who has been appointed as Shikshan Sevak shall be absorbed in the new vacancy available at Jijamata Primary School and the orders passed on 24/9/2010 and 20/1/2011 are hereby quashed and set aside. 5. Both the petitions are disposed off in terms of the above directions. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)