1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 638/2010 PETITIONER : Vitthal Namdeo Naik, Aged about 33 years, R/o Jamb plot, Tq. Mangrulpir, Dist. Washim. VERSUS RESPONDENTS : 1. State of Maharashtra, Through it's Secretary, Department of Rural Development, Mantralaya, Mumbai-32. 2. Chief Executive Officer, Zilla Parishad, Washim, Dist. Washim. 3. Education Officer (Primary), Zilla Parishad, Washim. 4. Block Education Officer, Panchayat Samiti, Mangrulpir, Dist. Washim. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.J. Mirza, counsel for the petitioner. Shri S.J. Jichkar, A.G.P. for the R-1. CORAM : S.A. BOBDE AND SMT. VASANTI A. NAIK, JJ. DATE OF RESERVING THE ORDER : FEBRUARY 9, 2010. DATE OF PRONOUNCING THE ORDER : FEBRUARY 15, 2010. The petitioner impugns the order issued by the Block Education Officer asking the petitioner to join at the Zilla Parishad School, Asegaon immediately. By the said 2 order dated 17.12.2009, it was conveyed to the petitioner that the temporary arrangement of posting him at Zilla Parishad, Jamb for educational purposes was cancelled in pursuance of the instructions given by the Chief Executive Officer, Zilla Parishad, Washim dated 01.12.2009 to the Block Education Officer. Shri Mirza, the learned counsel for the petitioner, submitted that the petitioner could not have been transferred from Zilla Parishad School at Jamb to Zilla Parishad School at Asegaon in the midst of the academic session by the impugned order dated 17.12.2009. It is submitted on behalf of the petitioner that in view of the Government Resolution dated 25.04.2005, it was necessary for the Chief Executive Officer to transfer the petitioner only with the consent of the Divisional Commissioner and the transfer could have been effected only in exceptional circumstances. It is submitted on behalf of the respondent no.1 by the learned Assistant Government Pleader that the impugned order dated 17.12.2009 is not a transfer order as the petitioner was temporarily asked to join at Zilla Parishad School, Jamb by an order dated 10.02.2007 as the school at Jamb was not functioning in view of the disputes between the teachers and the villagers. Since the school at Jamb was 3 closed for some time, the petitioner was temporarily asked to work at Zilla Parishad School, Jamb and after an alternate arrangement was made at Zilla Parishad School, Jamb, the petitioner was again asked to join at the Zilla Parishad School, Asegaon. On hearing the learned counsel for the parties and on perusal of the order dated 10.02.2007 and the impugned order dated 17.12.2009, it appears that the petitioner was not transferred from the Zilla Parishad School at Jamb to the Zilla Parishad School at Asegaon by the order dated 17.12.2009 as the petitioner was temporarily asked to work at Zilla Parishad School, Jamb since the school at Jamb was not functioning due to the disputes between the teachers and the villagers. Certain other teachers were also asked to work at Jamb as a temporary arrangement. It appears that the petitioner was again asked to join in his original school of Zilla Parishad, Asegaon when alternate arrangements were made for the effective working of the school at Jamb. The submission made on behalf of the petitioner, that the impugned order should have been passed with the consent of the Divisional Commissioner in exceptional circumstances, cannot be accepted for the reason that none of the two orders was a 'transfer' order. 4 The petition, therefore, fails and is dismissed with no order as to costs. JUDGE JUDGE APTE