1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.5226 OF 2010. (Mahindra Ramchandra Dhole Vs. Chief Executive Officer, Zilla Parishad, Yavatmal) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri S.P. Kshirsagar, Advocate for the Petitioner. CORAM: B.P.DHARMADHIKARI & P.D. KODE, JJ. DATE: NOVEMBER 15, 2011. Transfer of petitioner is stayed by this Court on 25.10.2010. Nobody appeared for respondent to oppose the petition and hence this Court issued fresh notice on 13.09.2011. Today also none appears for respondent. Shri Kshirsagar, Advocate for the petitioner, submits that the petitioner is physically handicapped employee as his both legs are amputated. As per the Government Circular dated 15.12.2004, respondent was required to consider this disability before effecting transfer. As this circular has not been considered by the respondent, the transfer order dated 14.05.2010 is therefore, unsustainable. He also seeks leave to correct the date of 2 impugned order as 16.07.2010 in prayer clause (a) and (b) of the petition. Leave granted. Necessary correction be carried out forthwith. Here, the period of more than one year and four months has expired after the issuance of impugned transfer order. Stay granted by this Court is in force for more than one year. As also there is certificate issued by Grant Medical College on 09.01.2001, in support of disability. In this situation we quash, the impugned order dated 16.07.2010. Needless to mention that respondent employer is free to consider the case of petitioner for transfer if it is necessary, when exercise of regular transfer is undertaken in next year. With this liberty to respondent, we allow the petition. Rule is made absolute accordingly. No costs. JUDGE JUDGE NSN