Gujarat High Court
Jadeja Yuvrajsinh Kiritsinh vs State Of Gujarat on 24 January, 2023
Bench: A.Y. Kogje
C/SCA/1708/2019 JUDGMENT DATED: 24/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1708 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 20892 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
================================================================
1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
================================================================
JADEJA YUVRAJSINH KIRITSINH
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR GM JOSHI, SR.ADVOCATE with MR ABHISST K THAKER(7010) for the
Petitioner(s) No. 1,2,3,4,5,6,7,8
MR ADITYA PATHAK, AGP for the Respondent(s) No. 1,2,3,4,5,6,7
RULE SERVED for the Respondent(s) No. 8
================================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 24/01/2023
COMMON ORAL JUDGMENT
1. These two petitions are filed seeking identical reliefs and
are based on similar facts and raising similar issues. Therefore,
C/SCA/1708/2019 JUDGMENT DATED: 24/01/2023
with the consent of both the sides these petitions are taken up
for joint hearing and disposal.
2. The facts are recorded from the lead matter being Special
Civil Application No.1708 of 2019.
3. By way of this petition, the petitioner has prayed for the
following reliefs :
"(A) Your Lordships be pleased to issue writ of mandamus
or any other appropriate writ, order or direction directing the
respondent no.2 not to alter/amend the seniority of the
petitioners and be pleased to direct the respondents that
seniority of the petitioners be calculated from the date of
joining as Beat Guard;
(B) Pending hearing and final disposal of this petition, the
Hon'ble Court be pleased to direct the respondents not to
disturb the seniority and/or service conditions of the
petitioner as from the date of joining service;
(C) Your Lordships may be pleased to pass such other
and further order which deems fit, just and proper in the
interest of justice."
4. The petitioners were appointed as Beat Guards on adhoc
basis and upon completion of a period of 5 years as adhoc Beat
Guard, the petitioners came to be appointed as permanent Beat
Guards.
C/SCA/1708/2019 JUDGMENT DATED: 24/01/2023
5. Learned advocate has taken this Court to a tabular detail
with regard to the date of their appointment and seniority.
6. It is submitted that as per the existing policy governing the
transfer of the Beat Guards inter district, the petitioners applied
for transfer by way of a request at their own expenses. The
petitioners thereafter realized that upon their transfer to another
district they would lose their seniority and seniority will be
counted for their service purpose from the date of the petitioners
resuming on the post where the petitioners were transferred on
their request. Therefore, the petitioners would lose their
seniority and the inter period of service of 5 years would be
treated as nil.
7. From the facts it appears that the petitioners were
appointed on various dates between the years 2007 and 2011
and were transferred upon their request between the years 2013
and 2017 respectively as under :
Sr. Appointment Date Transfer Date Actual Merit Deemed Merit
No. No. No.
(Zone-wise)
C/SCA/1708/2019 JUDGMENT DATED: 24/01/2023
Sr. Appointment Date Transfer Date Actual Merit Deemed Merit
No. No. No.
(Zone-wise)
8. The learned advocate for the petitioners has pressed into
service decisions of this Court dated 8.3.2022 rendered in the
Special Civil Application No.16299 of 2018 and dated 2.5.2022
rendered in the Special Civil Application No.9530 of 2019 and
submitted that the issue pertaining to seniority of the Beat
Guards upon request transfer was decided in the aforesaid two
matters and, therefore, prayed that similar treatment be given to
the petitioners.
9. From the facts on record it is evident that the petitioners,
upon their request, have been transferred.
10. Learned Assistant Government Pleader, upon verification,
confirms that the factual position of the present case is identical
to the one which has been decided.
C/SCA/1708/2019 JUDGMENT DATED: 24/01/2023
11. The Court has gone through the facts of both these cases
as well as the facts of the petitions decided by the Co-ordinate
Benches as mentioned in the presiding paragraphs and
ultimately finds that where the transfer of Beat Guards were on
the basis of their own request to other circles even out of district,
their seniority was ordered to be maintained regardless of the
undertaking at the time of seeking request transfer. This Court
is, therefore, inclined to adopt the reasonings and modus
adopted by this Court in the decisions of the Co-ordinate
Benches in the above referred petitions and hold that the
seniority of the petitioners be treated from the date of their initial
appointment to the posts of Beat Guard and will not be
disturbed due to their request transfer and resuming the post at
the transferred place.
12. With the aforesaid observations, the petitions stand
disposed of accordingly. No order as to costs. Rule made
absolute to the aforesaid extent.
13. In view of the order passed in the main matters, Civil
Applications pending, if any, shall also stand disposed of.
(A.Y. KOGJE, J.)
/MOINUDDIN
