1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2774 OF 2011 (Sanjay Jagannath Dahule 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. An identical challenge is disposed of today vide Writ Petition No. 2773 of 2011 between the parties. After hearing, it is apparent that the petitioner who earlier was working at Kalegaon came to be transferred to Warora on 31.03.2011. By impugned order dated 09.05.2011, he has been transferred to Lendijala under Jivati Panchayat Samiti. It is apparent that the said transfer order on 09.05.2011 is from Kolgaon School only. Thus fact that he was working at Warora School is totally overlooked. Shri Sudame, learned counsel has urged that these are not transfers but teachers rendered 2 surplus are being accommodated as per the guidelines holding the field. He has urged that 2009- 10 decision is being implemented in 2010-11 as regular transfers/ absorptions. We are not going into the correctness or otherwise of this stand. The position notionally may be looked into by the respondent if it is so permissible. However, the actual placement or shifting of a person by orders and his present place of working could not have been ignored. We, therefore, find the impugned order dated 09.05.2011 suffers from vice of non application of mind. The same is accordingly quashed and set aside 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.