Madhuben Punabhai Parmar vs The State Of Gujarat
2022 Latest Caselaw 6549 Guj

     C/SCA/4311/2019                                 JUDGMENT DATED: 21/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4311 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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                          MADHUBEN PUNABHAI PARMAR
                                   Versus
                            THE STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MR. KURVEN DESAI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MR. SAHIL M SHAH(6318) for the Respondent(s) No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 2
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 21/07/2022
                                ORAL JUDGMENT

1 Rule returnable forthwith. Learned advocates

appearing for the respective parties waives service of

notice of rule on behalf of the respective respondents.

C/SCA/4311/2019 JUDGMENT DATED: 21/07/2022

2 The prayer in the petition is for a direction that

"marching orders" given to the petitioners vide order

dated 23.02.2019 were in direct contravention and

defiance of the order of the Election Commission of India,

and therefore, the orders may not be implemented. The

further affidavit-in-reply filed on behalf of respondent

No.3 indicates that the petitioners were not relieved in

spite of the camp which was held on 23.02.2019 and

thereafter the petitioners have reported at the transfer

place pursuant to an instruction issued by the Chief

Election Commissioner which were followed by the

Director of Primary Education and the petitioners have

reported at the transfer place on 25th June 2019. The

petition has therefore become infructuous. The relevant

para of the affidavit reads as under:

"The Respondent No.3 submits that however as the Joint Secretary of Government of Gujarat, Education Department addressed the letter dated 25.02.2019 to the Director of Primary Education, Gujarat State, Gandhinagar instructing that the effect of transfers be given after 31st May, 2019 owing to instructions issued by the Chief Election Commissioner, Gandhinagar and a copy of the letter is annexed herewith and marked as Annexure-A. It is submitted that therefore the petitioners were not relieved in spite of a camp held on 23.02.2019 and transfer orders passed on the same day. The Respondent

C/SCA/4311/2019 JUDGMENT DATED: 21/07/2022

No.3 submits that the impugned instructions issued by the Chief Election Commissioner, Gujarat State, Gandhinagar were followed pursuant to the instructions from the Director of Primary Education, Gujarat State, Gandhinagar and the petitioners have reported to transfer places only on 25 th June, 2019 or 26th June, 2019 in compliance with the transfer order dated 23.02.2019 and it would be so clear on perusal of a statement annexed at Annexure-A to the Affidavit in Reply at page No.71."

3 The consequential effect of the Policy of 23.05.2012

and the transfer orders reads as under:

"23. In that view of the matter, the petitioners who have been transferred by impugned transfer orders, which order is yet not implemented due to pendency of these petitions, cannot be sustained and are hereby quashed and set aside. The petitioners are required to be considered in seniority list for standard 6 to 8 as per their date of appointment in their respective schools and therefore, in the next camp, respective schools are required to consider the status of the petitioners accordingly and declare the petitioners as surplus or otherwise after considering the seniority of the petitioners with effect from the date of their respective appointments in the said school.

24. In view of above, all the petitions are disposed of. The respondents are directed to consider the status of the petitioners afresh for the transfer camp to be held in the month of October or November 2021 irrespective of declaring the petitioners as surplus in the year 2020."

4 Accordingly, the petition is disposed of as having

become infructuous.

(BIREN VAISHNAV, J) BIMAL