(1) wp3582-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3582 OF 2009 Ajit s/o Govindrao Tornekar, R/o Gurukrupa, Behind Tourist Home, Railway Station Road, Aurangabad PETITIONER VERSUS 1. The State of Maharashtra, through the Secretary, Technical Education, Mantralaya, Mumbai. 2. The Director of Technical Education, State of Maharashtra, 3 Mahapalika Marg, Mumbai. 3. The Principal, Govt. Polytechnic, Ratnagiri, District Ratnagiri. 4. The Principal, Institute of Pharmacy (Govt. Aided), Gadhi, Taluka Georai, Dist. Beed. 5. Shri Chandrashekar Vithalrao Kshirsagar, Lecturer, Institute of Pharmacy, Gadhi, Tq. Georai, District Beed. RESPONDENTS .... Mr. A.D. Sugdare, advocate for the petitioner. Mr. K.G. Patil, A.G.P. for the respondent/State. Mr. N.L. Jadhav, advocate for the respondent No. 5. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 11th JULY, 2011 (2) wp3582-09 JUDGEMENT (PER : M.T. JOSHI, J.) : 1. Rule. Rule made returnable forthwith with consent of the parties and heard finally. 2. By the present petition, the petitioner is praying for quashment of the order dated 15th May, 2009, passed by the respondent No. 4 – Principal of the Government aided Institute of Pharmacy, Gadhi, Taluka Georai, District Beed. 3. The Principal had issued the impugned order of deputation of the petitioner from the respondent No. 4 Institute as a Lecturer to the Government Polytechnic, Ratnagiri. The said deputation order was issued by the Principal on the direction of the respondent No. 2 – Director of Technical Education, State of Maharashtra. 4. It is an admitted fact that the petitioner is working as a Lecturer in the Government aided Private Institute at Gadhi. He was, however, transferred/deputed by the Principal to the Government Polytechnic at Ratnagiri on the direction (3) wp3582-09 of the respondent No. 2 – the Director of Technical Education. The source of power, either of the Director of Technical Education, State of Maharashtra or of the Principal, to effect such a transfer is not disclosed by any of them in the affidavit-in-reply. 5. The respective affidavits are filed on behalf of the respondent Nos. 1 to 3 i.e. the Director and the Principal, by Dr. Ajit Ramrao Thete, Joint Director of Technical Education, Aurangabad Region. A lame excuse is made that since the petitioner is serving in a Government aided Institute, which is governed by the Director of Technical Education and as these Institutions are funded by the State Government, the Directorate has the authority to depute the teaching staff from the Private Institute to the Government Institute. It was also tried to defend the action by claiming that the deputation is a temporary arrangement under the authority of the Directorate. Admittedly, there is no statutory or otherwise authority vested either in the Director or the Principal to pass any such order. In the circumstances, the writ petition deserves to (4) wp3582-09 be allowed. 6. In the result, the Rule is made absolute in terms of prayer clause (B), with costs of Rs. 2000/- to be paid by the respondent No. 2 to the petitioner. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/wp3582-09