Gujarat High Court
District Primary Education ... vs Sheladiya Gitaben Devrajbhai on 28 July, 2022
Bench: A.J.Desai
C/LPA/1014/2022 ORDER DATED: 28/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1014 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 20474 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 1014 of 2022
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DISTRICT PRIMARY EDUCATION OFFICER
Versus
SHELADIYA GITABEN DEVRAJBHAI
===============================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 1,3
MR TIRTHRAJ PANDYA ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 28/07/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present appeal under Clause 15 of Letters
Patent, District Primary Education Officer (original respondent
No.3) has challenged the oral judgment dated 2.9.2021 passed
in Special Civil Application No.20474 of 2019, by which the
learned Judge has allowed the petition directing the authorities
to do the needful as per order passed by learned Single Judge
with regard to similarly situated teachers in Special Civil
Application No. 21182 of 2017.
2. It is not in dispute that the facts of the present case are
similar in nature of the petitioner of Special Civil Application
C/LPA/1014/2022 ORDER DATED: 28/07/2022
No. 21182 of 2017. Observations made by learned Single
Judge in paragraphs 5, 6 and 7 in Special Civil Application
NO. 20474 of 2019 are relevant to our consideration which are
reproduced as under:
"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 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
C/LPA/1014/2022 ORDER DATED: 28/07/2022
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) 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
C/LPA/1014/2022 ORDER DATED: 28/07/2022
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 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."
3. We do not find any reason to interfere with the above
order. Hence, the Letters Patent Appeal is dismissed.
4. In view of the above, Civil Application would not survive
and the same also stands disposed of.
(A.J.DESAI, J)
(MAUNA M. BHATT,J)
NAIR SMITA V.
