FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.289/2007 Shri H.I.Pathan,Adv.for petitioner Shri V.S.Panpatte,Adv.for R.4. Shri D.R.Kale,AGP for State. .... CORAM : NARESH H.PATIL & N.D.DESHPANDE,JJ. DATE : 15/4/2010. 1] Heard. 2] It is contended that the petitioner is working as Assistant Teacher in respondent no.5 Baitul Uloom Education Society, Nanded. The petitioner was declared surplus. Thereafter, the petitioner was absorbed in a school at Malegaon. The petitioner challenged this action. 3] The learned counsel for petitioner Shri H.I.Pathan submits that the petitioner's absorption at Malegaon is against the policy adopted by the State. It is submitted that first petitioner's absorption shall be considered in the Jalgaon District and thereafter, in the adjoining district. In absence thereof, the petitioner's absorption in Malegaon is against the norms settled by the State. 4] Affidavit in reply was filed by the State. It was disclosed that the Guardian Minister, Nanded had for some time issued instructions to stay such transfers to other districts. 5] Learned counsel Shri Panpatte appearing for respondent no.4 submits that now stay has been vacated and it is accordingly communicated by the Deputy Director of Education. 6] The learned counsel has brought to our notice order passed by Division Bench of this Court (Coram : A.P.Deshpande and N.D.Deshpande,JJ.) in Writ Petition No.2590/2007 dated 27/1/2010. We have perused the same. 7] In the light of the scheme of the Provisions of M.E.P.S. Act and the Rules 1981, the petitioner is required to join the post at the place where he has been absorbed. Counsel for the petitioner submits that now the petitioner is working in the same school as absorbed candidate. 8] We observe that the petitioner's case shall be considered according to his seniority for absorption and in accordance with the policy decision taken by the State Government and the Government Resolutions/Circulars issued from time to time. Writ Petition is accordingly disposed of. (N.D.DESHPANDE) (NARESH H. PATIL) JUDGE JUDGE umg/wp289-07