Thakor Prabhatbhai Khatubhai vs State Of Gujarat
2022 Latest Caselaw 6071 Guj

Citation : 2022 Latest Caselaw 6071 Guj
Judgement Date : 7 July, 2022

Gujarat High Court

Thakor Prabhatbhai Khatubhai vs State Of Gujarat on 7 July, 2022

Bench: Biren Vaishnav

     C/SCA/2640/2019                                JUDGMENT DATED: 07/07/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 2640 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                        THAKOR PRABHATBHAI KHATUBHAI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
for the Petitioner(s) No. 10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
MR BHAVESH J PATEL(6801) for the Petitioner(s) No. 1
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1
MR UM SHASTRI(830) for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2,3
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                               Date : 07/07/2022

                               ORAL JUDGMENT

1. RULE returnable forthwith. Mr.Kurven Desai

learned AGP waives service of notice of Rule on

behalf of the respondent State.

C/SCA/2640/2019 JUDGMENT DATED: 07/07/2022

2. With the consent of learned advocates for the

respective parties, the petition is taken up for final

hearing.

3. It appears that from the prayers made in this

petition that the issue involved in this petition is now

covered by the decision of this Court rendered in

Special Civil Application No.9482 of 2016 vide order

dated 23.07.2019. The said order reads as under:

"1. With the consent of the parties, the present petition is taken up for final disposal.

2. Heard Mr.Sandip M. Patel, learned advocate for the petitioners, Mr.Dharmesh Devnani, learned Assistant Government Pleader for the respondent Nos.1 and 2 and Mr.Rajesh N. Chauhan, learned advocate on behalf of Mr.H.S.Munshaw, learned advocate for the respondent No.3.

3. The grievance raised by the petitioners in the captioned petitions is the issuance of communication dated 4th June, 2016 by the office of the Director, Primary Education to all District Primary Education Officers inter alia providing for benefit of inter District transfer to the Head Teachers, Primary Teachers, Higher Secondary Teachers and Vidhya Sahayaks. The petitioners have also prayed for the directions to the respondent authorities to consider the case of the petitioners as per their entitlement so also as per the provisions contained in the Government Resolution dated 23rd May, 2012, for transfer.

C/SCA/2640/2019 JUDGMENT DATED: 07/07/2022

4. Mr.Dharmesh Devnani, learned Assistant Government Pleader for the respondent Nos.1 and 2 submitted that the said communication dated 4th June, 2016 has lived its life, since the same was issued as a one-time measure. Mr.Sandip M. Patel, learned advocate appearing for the petitioners, upon instructions, states that he does not press the challenge to the said communication dated 4th June, 2016, inasmuch as by efflux of time the prayer in this regard has been rendered infructuous.

5. Mr.Dharmesh Devnani, learned Assistant Government Pleader for the respondent Nos.1 and 2, upon instructions from Mr.Paresh Dalsania, Senior Superintendent of Education, Office of the Director of Primary Education, Gandhinagar, states that as and when the camps will be organized, the cases of the petitioners will be considered in accordance with the policy contained in the Government Resolution dated 23rd May, 2012 issued by the State Government in its Education Department as per their seniority and turn, to which, Mr.Sandip M. Patel, learned advocate for the petitioners has no objection.

6. In view of the aforesaid consensus arrived at between the parties, it will be open to the petitioners to participate in the camp as and when the same is organized and the respondents, shall consider the cases of the petitioners in accordance with the policy contained in the Government Resolution dated 23rd May, 2012.

7. It is made clear that this Court has not expressed any opinion on the merits.

8. In view of above, the present petition stands disposed of. Interim relief, if any, stands vacated.

C/SCA/2640/2019 JUDGMENT DATED: 07/07/2022

4. In view of the above, it is now therefore open for the

petitioners to participate in the camp as and when

the same is organized and the respondents shall

consider the case of the petitioners in accordance

with the policy contained in the Government

Resolution dated 01.04.2022.

5. It is made clear that this Court has not expressed

any opinion on the merits.

6. In view of above, the present petition stands