The court emphasized the distinction between 'transferable' and 'non-transferable' posts and highlighted the principle of legitimate expectations in fair decision-making.

JUDGMENT :

GITA GOPI, J.

1. This Letters Patent Appeal is filed against the judgment and order passed by the learned Single Judge in Special Civil Application No.8198 of 2012 dated 30.06.2016 wherein, the prayer made by the appellant-petitioner was for issuance of a Writ of Mandamus for quashing and setting aside the orders dated 28.05.2009 and 16.04.2012 of the respondent authority by considering the post on which he was serving as “non-transferable” for the purpose of allotment of land at concessional rate at Gandhinagar. The learned Single Judge rejected the writ petition on the ground that there was no violation of any legal or fundamental right of the appellant-petitioner, while observing that the appellant-petitioner could not claim the allotment of plot as a matter of right.

2. The appellant has challenged the action of the respondent authorities mainly on the ground that the parent Department of the appellant, being the Office of the Additional Director General of Police (Intelligence), Gandhinagar, has recognized the service of the appellant as being “non-transferable” vide communication dated 01.09.2007 of the Director General of Police (Intelligence). The respondent Nos.1 and 2 authorities were not justified in rejecting the case of the appellant also on the ground that the post of Shorthand Reporter (Gujarati) were 12 in number and were spread over in different Districts across the State of Gujarat and thus, to consider the said post as “transferable”, is against the clarification issued by the Office of the Additional Director General of Police vide communication dated 15.02.2002.

3. Mr. Ronit Joy, learned advocate appearing for Mr. A.J. Yagnik for the appellant-petitioner, submitted that in the earlier round of litigation in Special Civil Application No.4876 of 2008, the Office of the Government Pleader attached to this Court had sought a response from the respondent No.3 – Office of the Director General of Police, Gujarat State so as to ascertain whether the post of Shorthand Reporter (Gujarati) borne on its Establishment was a “transferable” or “non-transferable” post. The respondent No.3 had expressed opinion of the said post being “nontransferable”; despite that the respondent authorities rejected the application of the appellant made in pursuance of the Government Resolution dated 29.03.2001 and has, thereby, violated his legal right.

3.1 Learned advocate Mr. Joy submitted that the 12 posts of Shorthand Reporter (Gujarati) were considered under single Establishment at Gandhinagar and for administrative convenience, the Shorthand Reporter (Gujarati) could be deputed to another District by the parent Department, putting the post under the category of “non-transferable”. The learned advocate harped upon the fact of the Office being shifted from Ahmedabad to Gandhinagar in the year 1996 and thereby, the appellant was posted at Gandhinagar. It was contended that as per the Government Resolution dated 29.03.2001, all Officers serving on “non-transferable” posts and residing at Gandhinagar became entitled for Government plot with the criteria of eligibility to be governed as on 31.12.2000. It was submitted that the appellant was posted at Ahmedabad in the year 2002 under administrative convenience, as the demand for Shorthand Reporter (Gujarati) had increased due to the riots in the year 2002.

3.2 Learned advocate Mr. Joy further submitted that the appellant had claimed parity with one Mr. Ajitsinh A. Chauhan, who was allotted a plot of land in pursuance of the order passed in Special Civil Application No.4876 of 2008 filed by the appellant and the said Mr. Ajitsinh A. Chauhan. The appellant was given a discriminatory treatment by the respondents, which action is arbitrary and violative of his right guaranteed by the Constitution of India. It was contended that the respondent authorities are bound by its own correspondence, issued in the form of communication dated 01.09.2007 by the Office of the Additional Director Gene