1412wp5563.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 5563 of 2011 (Minesh s/o. Tatyarao Kakde .vs. Z.P., Yavatmal and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 14/12/2011. Heard Mr.M.I.Dhatrak, Adv. for the petitioner and Mr.V.V.Naik, Adv. for respondent nos. 1 to 3. Counsel for the petitioner has submitted that the petitioner was promoted to the post of head of the center and posted at Maregaon vide order dt.6.10.2010. Since the petitioner's son is deaf and dumb and is taking treatment in the hospital at Amravati, the petitioner requested the department to give him posting as a head of the center in Panchayat Samiti, Ner. Request of the petitioner was considered and vide order dt.25.10.2011 issued by the Chief Executive Officer, the petitioner was posted at Ner. However, the Zilla Parishad, without any justification, on its own, cancelled the same vide another order dt.3.11.2011 and directed the petitioner to join within seven days on the post of head of the center at Panchayat Samiti, 1412wp5563.11.odt 2 Maregaon. It is in these circumstances the Counsel for the petitioner has submitted that cancellation of the order passed by the respondent vide order dt.3.11.2011 is bad in law. Mr.V.V.Naik, Adv. for the respondents has submitted that there is a material available on record against the petitioner which has necessitated the respondent to cancel the order dt.25.10.2011 vide order dt.3.11.2011. We have considered the contentions canvassed and perused the material placed before us by the respondents and have also taken into consideration the fact that, by virtue of the interim order, the petitioner continued to be at Manikwada. Half of the Academic Session is already over. In the circumstances, it will be appropriate to dispose of the petition. Hence, the petition is disposed of with the following order. //ORDER// The petitioner shall continue to be at Manikwada till the end of the Academic Session i.e. upto the end of April, 2012 and shall not claim any equity thereafter in this regard. 1412wp5563.11.odt 3 It will be open for the respondents to transfer the petitioner back to Maregaon or any other place as per the administrative exigencies thereafter. JUDGE JUDGE jais