FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WRIT PETITION NO. 3842 OF 2011 RAOSAHEB DEVIDAS SHEKADE VERSUS THE CHIEF EXECUTIVE OFFICER ZP LATUR AND ANR ... Advocate for Petitioner(s) : Shri Nimbalkar A.A. h/f Shri Salunke V.D. Advocate for Respondent(s) 1 : Shri Tandale P.R. AGP for Respondent(s): Smt. Shinde V.A. ... CORAM : D B BHOSALE & S B DESHMUKH, JJ. Dated: August 08, 2011 ... 1. Heard learned counsel for the parties. 2. The petitioner has impugned the order dated 26.5.2011 issued by the Chief Executive Officer, Zilla Parishad, Latur, by which he has been transferred from village Lendegaon, Taluka Ahmedpur to village Kendrewadi, Taluka Chakur. The petitioner is an Assistant Teacher working in a school run by the Zilla Parishad, Latur. 3. The petitioner has placed heavy reliance upon the Government Resolution dated 6.5.2010 and Scheduled I thereto in particular, to contend that the petitioner's son being a mentally retarded child, the Chief Executive Officer ought not to have transferred him to Kendrewadi. 4. We have perused the Government Resolution dated 6.5.2010. Clause (2) of Schedule I of the Government Resolution clearly provides that if an employee of the Zilla Parishad is guardian of mentally challenged child, on certificate to that effect being issued by the Civil Surgeon is produced, such an employee would not be transfered. The Zilla Parishad in their reply affidavit have denied the ailment of the FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WRIT PETITION NO. 3842 OF 2011 petitioner's son. They have categorically stated that on enquiries being made it is revealed that the petitioner's son is not mentally retarded child. The petitioner has failed to place on record the certificate issued by the Civil Surgeon as contemplated by the aforesaid Government Resolution. 5. As a matter of fact, the petitioner has placed reliance upon a certificate issued by one private Medical Practitioner Dr. Gaikwad (Exhibit "B") stating that the petitioner's son is suffering from borderline M.R. The Zilla Parishad to their reply affidavit have annexed the letter dated 25.6.2011 issued by the very same Doctor, which shows that the said Doctor was not sure about the petitioner's son's ailment. In our opinion, the certificate issued by Dr.Gaikwad cannot be taken note of to hold that the petitioner's son is mentally challenged and to extend any benefit under the aforementioned Government Resolution. That apart, the Zilla Parishad has also placed on record the mark sheet of the petitioner's son of III standard, which clearly shows that his son is doing extremely well in the school. 6. In the circumstances, the petition is dismissed. Interim order, if any, stands vacated. ( S B DESHMUKH, J. ) ( D B BHOSALE, J. ) akl