1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 277/2011 (Shri Madhukar Shamrao Umale vs. Shri Shivaji Shikshan Sanstha and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 28th April, 2011. Heard Mr. Anjan De, learned counsel for the petitioner; Mr Kaptan, learned counsel for respondent Nos. 1 and 2 and Mr.A.S.Fulzele, learned Assistant Government Pleader for respondent nos. 3 and 4. This Writ Petition is directed against the order dated 14th December, 2010 passed by the Deputy Director of Education whereby the earlier approval granted to the transfer of the petitioner from High School at Morshi to D.Ed. College at Amravati came to be cancelled. Learned counsel for the petitioner has submitted that the petitioner was appointed as an Assistant teacher in the High School at Yeola and, at a later point of time, was transferred to a High School at Morshi. It is submitted that vide order dated 13.6.2006 the petitioner came to be transferred to the D.Ed.College run by respondent nos. 1 and 2 at Amravati. The Deputy Director of Education vide communication/order dated 20.9.2006 granted an approval to the said order of transfer, however, all of 2 sudden and without and justification vide order dated 14.12.2010, the Deputy Director of Education cancelled the earlier approval and hence the present petition. Learned counsel for the petitioner has submitted that the representation made by the respondent nos.1 and 2 was considered by the State Government and passed order dated 21.3.2011 wherein it has been observed that the order of transfer dated 13.6.2006 is just and proper, however, the seniority list of those employees should be maintained separately. It is, therefore, contended that in spite of the order dated 21.3.2011 passed by the respondents, no steps are being taken by the Deputy Director of Education to implement the same and, therefore, the learned counsel has prayed that appropriate direction in this regard be given to the Deputy Director of Education Mr Kaptan, learned counsel for the respondent- Management does not dispute the factual aspect of the matter. Mr Fulzele, learned AGP has also not disputed the fact of issuance of order dated 21.3.2011 by the State Government. On the backdrop of the above-referred facts, it appears that the Deputy Director of Education granted approval to the transfer vide order dated 20.9.2006 which was cancelled by the same authority vide order 3 dated 14.12.210. Against the order of cancellation of approval, the respondent no. 3 has filed a representation before the State Government which was decided by the State Government vide order dated 21.3.2011, by observing that the order of transfer was according to law and, therefore, was legal and valid; however, the seniority list of these people should be kept separate. The order of the State Government is binding on the Education Department of which the Deputy Director of Education is an Officer. In view of the order of the State Government dated 21.3.2011 the efficacy of the order dated 14.10.2010 loses its significance. Therefore, we direct the Deputy Director of Education to take appropriate steps in implementing the order dated 21.3.2011 passed by this Court without further delay provided there is no other legal impediment. With these observations and directions Writ Petition is disposed of. JUDGE JUDGE sahare