Gujarat High Court
Rajeshkumar Chandulal Manvar vs State Of Gujarat on 14 October, 2022
Bench: Biren Vaishnav
C/SCA/7630/2022 JUDGMENT DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7630 of 2022
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 7630 of 2022
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 7630 of 2022
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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RAJESHKUMAR CHANDULAL MANVAR
Versus
STATE OF GUJARAT
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Appearance:
for the Petitioner(s) No. 36
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,4,5,6,7,8,9
MR.KURVEN DESAI, AGP for the Respondent(s) No. 1,2
MR.P.S. PATEL, ADVOCATE for the private respondents
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 14/10/2022
COMMON ORAL JUDGMENT
C/SCA/7630/2022 JUDGMENT DATED: 14/10/2022
1. In view of the averments made in the Civil
Application Nos.1 and 2 of 2022 for joining party,
both the applications are hereby allowed.
2. RULE returnable forthwith. Mr.Kurven Desai
learned AGP waives service of notice of Rule on
behalf of the respondent State.
3. With the consent of learned advocates for the
respective parties, the petition is taken up for
final hearing.
4. By way of this petition under Article 226 of the
Constitution of India, the prayer made is with
regard to the challenge to the transfer policy
dated 01.04.2022 qua definition no.12 of Chapter
D and sub-clause no.3 of Clause-A of Chapter-H.
5. Mr.Chudasama would rely on the decision of this
C/SCA/7630/2022 JUDGMENT DATED: 14/10/2022
Court dated 20.09.2022 rendered by this Court
in Special Civil Application No.8667 of 2022 and
allied matters.
6. The relevant paragraphs of the aforesaid
judgement read as under:
"42. The Court has examined the validity of the
clauses as under only which are considered and
set aside namely Clause D(12)/J(5) and L(4)
respectively.
43. On all these counts therefore the Clauses of
the Government Resolution dated 01.04.2022
namely Clause No.D.(12), J(5) and L(4) are held
to be bad in as much as they are violative of
Article 14 of the Constitution Of India and also
bad as they operate retrospectively to take away
the vested rights of the Petitioners by wiping out
their past seniority for consideration of their
applications for inter/intra district transfer.
44. The aforesaid offending clauses of the
Government Resolution dated 01.04.2022 are
accordingly quashed and set aside. Petitions are
allowed to the aforesaid extent."
7. In view of the above, present petition is allowed.
The case of the petitioners shall be governed in
C/SCA/7630/2022 JUDGMENT DATED: 14/10/2022
light of the above quoted paragraph nos.42 to 44
from the date of joining of their respective school
for the purpose of over setup transfer also.
8. Petition is allowed. Rule is made absolute.
Direct service is permitted.
(BIREN VAISHNAV, J)
ANKIT SHAH
