Sheladiya Gitaben Devrajbhai vs State Of Gujarat
2021 Latest Caselaw 13222 Guj

    C/SCA/20474/2019                                     JUDGMENT DATED: 02/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 20474 of 2019


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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1    Whether Reporters of Local Papers may be allowed                         NO
     to see the judgment ?

2    To be referred to the Reporter or not ?                                  NO

3    Whether their Lordships wish to see the fair copy                        NO
     of the judgment ?

4    Whether this case involves a substantial question                        NO
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                        SHELADIYA GITABEN DEVRAJBHAI
                                    Versus
                             STATE OF GUJARAT
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, ASST. GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
NOTICE SERVED(4) for the Respondent(s) No. 1,3
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    CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                 Date : 02/09/2021

                                 ORAL JUDGMENT

Heard learned advocate Mr.Gaurav Chudasama for the petitioner, learned Assistant Government Pleader Mr.Jayneel Parikh and learned advocate Mr.H.S.Munshaw for the concerned respondents.

C/SCA/20474/2019 JUDGMENT DATED: 02/09/2021

2. Rule, returnable forthwith. Learned Assistant Government Pleader Mr.Jayneel Parikh and learned advocate Mr.H.S.Munshaw waives service of notice of rule for the respective respondents.

3. By this petition under Article 226 of the Constitution of India, petitioner has prayed for the following prayers :

"A. This petition be admitted and allowed.

B. Your Lordships may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction to direct the respondent no.3 to transfer the present petitioner to Vadodara District by modifying the order Dt.12-08-2015 permit her to join duty at transferred school at Vadodara as per the resolution Dt.23-05-2012 and Dt.18-02-2014.

D. Pending hearing and final disposal of this petition the respondent no.3 may be directed to declare the vacant seats of Vadodara District and further be pleased to direct the respondent no.3 to produce the record of the aforesaid transfer camp.

E. Any other relief that may be deemed just, proper and necessary may also be kindly granted."

4. The brief facts of the case are as under :

4.1 The petitioner was appointed as Vidhyasahayak in Primary Section at Amreli on 3rd April, 1987 by the District Primary Education Officer, Amreli.

4.2 Thereafter, the petitioner joined duty at the Navi Vasahat Primary School, Khambha, Dist: Amreli, and thereafter, on the ground of

C/SCA/20474/2019 JUDGMENT DATED: 02/09/2021

seniority, the petitioner was transferred at Khambha Kanya Shala, Tal. Khambha, Dist: Amreli. The petitioner served for almost more than 21 years at Amreli staying away from her native place Vadodara. Therefore, the petitioner made an application in the year 2009 for Inter District Transfer as per her seniority for Vadodara District.

4.3 The respondent No.3 - District Primary Education Officer, Vadodara by letter dated 17th July, 2015 called the petitioner to remain present for verification of the documents at the Inter District Transfer Camp to be held on 28th July, 2015, however, the respondent No.3 - District Education Officer, Vadodara issued transfer order of the petitioner for Chhota Udepur District instead of Vadodara District, though there was vacancy at Vadodara District on account of bifurcation of the Chhota Udepur District from the Vadodara District by the State Government vide notification dated 9th December, 2014. The petitioner was informed that she would be transferred to Vadodara District as and when the vacancy would arise in Vadodara District.

5. Learned advocate Mr.Chudasam appearing for the petitioner submitted that the petitioner has only one chance for Inter District Transfer in her career and after filling the form for Inter District Transfer in the year 2009 the camp for

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Inter District Transfer was held after seven years and the petitioner was not given the transfer as per her wish.

5.1 It was also submitted that the respondent No.3 has given false promise to the petitioner and even in the Inter District Transfer Camp held in 2017, the petitioner was called but no order for transfer was passed. The petitioner, thereafter, came to know that similarly situated teacher has filed a writ petition before this Court being Special Civil Application No.21182 of 2017. This Court vide order dated 29th November, 2018 allowed the petition directing the respondent No.3 to consider the case of the petitioner for transfer in Vadodara District. It was submitted that the similarly situated petitioner was accordingly transferred to Vadodara District and therefore, the petitioner also made representation to the respondent No.3 to consider her case, but the same has not been considered though there are vacancy at Vadodara District. The petitioner has therefore, filed this petition with the aforesaid prayers.

5.2 Learned advocate Mr.Chudasama submitted that the facts of the petitioner is squarely covered by the decision of this Court in Special Civil Application No.21182 of 2017, wherein, this Court (Coram: Hon'ble Mr.Justice N.V. Anjaria)

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has held as under :

"5. The premise of the grievance of the petitioner is that, since her husband was serving in Vadodara District, the order ought to have been passed to transfer her to Vadodara District, instead the District Primary Education Officer, Vadodara transferred the petitioner to Chota Udepur District. Apropos this contention, it was the response of the other side that when the order dated 12.08.2015 was passed by the authorities, the Chota Udepur District was part of Vadodara District and the District Primary Education Officer was common. It was submitted that the District of Chota Udepur is bifurcated from Vadodara District and it became a separate District.

6. In view of the above, the petitioner's case may be considered for further transfer in Vadodara District where her husband is serving. The policy conditions in Resolution dated 23.05.2012 shall be made operative for the petitioner to pass a fresh order whereby if vacancy is available in the Primary School of Vadodara District, the petitioner shall be transferred to Vadodara District and if vacancy is not available, then transfer shall be effected no sooner the vacancy arises. While considering the case of the petitioner for transfer, the date of her original application for transfer shall be taken into account and her seniority for the purpose of her request for transfer shall be reckoned from the date of her original application."

6. The aforesaid averments were not controverted by the learned Assistant Government Pleader Mr.Parikh. Therefore, the judgment rendered in Special Civil Application No.21182 of 2017 is required to be followed.

7. Under these circumstances, this petition is

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allowed in terms of the decision rendered in Special Civil Application No.21182 of 2017. Rule is made absolute to the aforesaid extent. No order as to costs.

(BHARGAV D. KARIA, J)

dolly