Pravinkumar Himmatbhai Baraiya vs State Of Gujarat
2022 Latest Caselaw 9345 Guj

    C/SCA/10172/2022                                  JUDGMENT DATED: 20/10/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10172 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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                       PRAVINKUMAR HIMMATBHAI BARAIYA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 1
MR. UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER, for the
Respondent(s) No. 1,2,3
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 20/10/2022

                              ORAL JUDGMENT

1 Rule returnable forthwith. Mr.Utkarsh Sharma,

learned Assistant Government Pleader, waives service of

C/SCA/10172/2022 JUDGMENT DATED: 20/10/2022

notice of rule on behalf of the respondent.

2 The prayer in the petition is to quash and set aside

the communication / order dated 04.06.2022 as well as

the communication dated 06.06.2022 and to direct the

respondents not to declare the petitioners as surplus and

also to restrain the respondents from organizing the

camp dated 08.06.2022 and also to restrain the

respondents from transferring the petitioners from their

respective schools in District Kheda at Nadiad to another

district.

3 Mr.Vicky Mehta, learned counsel for the petitioners

would rely on CAV Judgement dated 20.09.2022 passed in

Special Civil Application No. 8667 of 2022. He would rely

on paragraphs 42 to 44 of the judgement, which 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

C/SCA/10172/2022 JUDGMENT DATED: 20/10/2022

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."

4 In light of the above, the petition is allowed. The

respondents are directed to consider the case of the

petitioners in light of the directions contained in

paragraphs 42 to 44 of the above referred judgement.

Rule is made absolute to the above extent. Direct service

is permitted.

(BIREN VAISHNAV, J) BIMAL