1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2773 OF 2011 (Vikas Namdeorao Mendhulkar vs. Zilla Parishad, Chandrapur) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. AUGUST 03, 2011. Looking to the nature of controversy, the matter is heard finally with the consent of Shri Parchure, learned counsel for the petitioner and Shri Sudame, learned counsel for the respondent. After hearing, it has become clear that the petitioner by order dated 22.03.2011 was transferred by way of absorption from Chunala School to Chincholi (Buj) School. The petitioner accordingly reported at that place. After reporting on 28.03.2011, he made a representation and pointed out policy of keeping husband and wife together and hence requested for his transfer to Satri (New) School. On 31.03.2011, the respondent granted that request and he was absorbed at Satri (New) School. Accordingly, he reported in that School. Thereafter, by impugned order dated 09.06.2011, he has been transferred to Indira Nagar (Subai) School, however, the transfer is 2 shown not from Satri (New) School but from Chunala School. Shri Parchure, learned counsel, therefore, contends that the transfer order shows total non application of mind. Shri Sudame, learned counsel relies upon the reply affidavit filed by Zilla Parishad to urge that the petitioner was rendered surplus at Chunala School and, therefore, he was required to be transferred. He further states that in the process two lady employees were required to be appropriately adjusted and hence ultimately the petitioner could not be given placement at Satri (New) School. He is, therefore, attempting to justify the order on administrative ground. After hearing respective counsel and after perusal of reply affidavit, we do not find anything therein to indicate that the petitioner could not have been continued at Satri (New) School. The fact that he was already working at Satri (New) because of his transfer vide his order dated 31.03.2011 does not figure in it and its perusal reveal that perhaps it has not been looked into while ordering his transfer to Indira Nagar (Subai) School. This Court has on 17.06.2011 granted status quo. The petitioner is accordingly working at Satri (New) School. In this situation, we quash and set aside the impugned order dated 9th June 2011 3 insofar as it relates to the petitioner and permit the respondent to pass appropriate orders in this respect. The petitioner is permitted to make suitable representation pointing out all these facts to the Chief Executive Officer of the respondent – Zilla Parishad within a period of two weeks from today and the respondent – Zilla Parishad shall thereafter pass appropriate orders in the matter in accordance with law. Writ Petition is thus allowed. However, there shall be no order as to costs. JUDGE JUDGE *GS.