Tejasvinaben Bharatpuri Goswami vs State Of Gujarat
2022 Latest Caselaw 10251 Guj

      C/SCA/26048/2022                              ORDER DATED: 19/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 26048 of 2022

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                     TEJASVINABEN BHARATPURI GOSWAMI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2,3,4,5
MR RONAK RAVAL, AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 19/12/2022
                               ORAL ORDER

1. At the outset, learned advocate Mr.Vaibhav Vyas has submitted that all the petitioners have filed applications seeking intra district transfer from one taluka to another taluka, wherein they have specifically mentioned with original date of appointment prior to their termination. It is submitted by him that the petitioners have been reinstated in service pursuant to the order passed by the Division Bench dated 24.12.2021 in Letters Patent Appeal No.761 of 2021. It is submitted that despite being granted continuity of service and reinstatement, the service with regard to specifying their original date of appointments have not been issued and hence, they have an apprehension that their applications will not be considered.

2. Learned AGP Mr.Ronak Raval has submitted that in case the petitioners have already filed applications seeking intra district transfer, their applications are required to be decided in view of the policy dated 01.04.2022.

C/SCA/26048/2022 ORDER DATED: 19/12/2022

3. Under the circumstances, in case the petitioners are eligible, their applications shall be accepted and they will be directed to participate in the camps, which are going to be organized in future by the respondent authority for intra district transfer. The respondents are directed to keep in mind that the petitioners are now reinstated with continuity of service in view of the judgment dated 24.12.2021 passed in Letters Patent Appeal No.761 of 2021, whereby the Division Bench has directed the respondents to reinstate them on their original posts. Hence, their original date of appointments are required to be considered since it is well settled proposition of law that once reinstatement is ordered, the entire service prior to the termination is required to be considered for all purposes.

4. With these observation, the writ petition is disposed of. Direct service is permitted.

(A. S. SUPEHIA, J) ABHISHEK/PC-4