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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Biren Vaishnav, J.
Patel Linaben Kacharalal – Petitioner
Versus
State of Gujarat – Respondents
Decided On : 22-08-2022
Constitution of India, 1950 – Article 226 – Special Civil Application – Letters Patent Appeal – Order of cancellation of transfer – Petitioner has prayed for reliefs – Held, All this indicates that period of dispute of petitioner's tenure is under scrutiny – Irrespective of and without prejudice to the exercise being undertaken the fact remains that the orders subsequent thereto have been cancelled and the natural and obvious compliance as is also accepted by the DPEO is to permit petitioner to report at Laxmipura as directed by DPEO's order – DPEO, therefore, subject to nature of inquiry as is evident from communication and subject to further orders that may be passed in LPA should forthwith direct Headmaster, Primary School, Tal to relieve petitioner so as to enable her to join at Laxmipura in order to it being a complete compliance of this Court's order passed in Special Civil Application – Petition allowed.
JUDGMENT :
1. Rule. Learned AGP Mr. Sharma waives service of notice of Rule for the respondent Nos.1 & 2 while Mr. Munshaw, learned advocate waives service of notice of Rule for respondent No.3.
2. By way of this Petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
10(c). to allow the petitioner to participate in the Camp that may be held by the respondents as an excess teacher as stated in her transfer order dated 1.12.2020 to Madhutra Primary School, Tal: Santalpur at Annexure - D by considering her seniority of Koita Primary School."
3. The facts in brief are as under:
3.1. The petitioner is a Primary Teacher. She was serving at Vaghel and by an order dated 18.2.2007, she was transferred from Vaghel to Koita Primary School. On being declared surplus at Koita, she was transferred to Haripura Primary School Taluka Randhanpur by an order dated 06.04.2017.
3.2. The order dated 6.4.2017 was cancelled and she was transferred to Lilapur Primary School, Taluka Saraswati by an order dated 05.06.2017.
3.3. By order dated 01.12.2020 the petitioner was transferred from Lilapur Primary School (Koita) to Madhutra Primary School, Taluka Santalpur. This was as the petitioner was declared as Surplus and then she was posted at Madhutra to teach in Std. 6 to 8. The petitioner did not report at Madhutra.
3.4. By an order dated 05.06.2021, the petitioner was transferred from Lilapur to Laxmipura (Vamaaiya) Primary School. This order stated that the order of transfer was at her request.
3.5. On 23.7.2021, this order of transfer from Lilapur to Laxmipura was cancelled as according to the authorities, the order was passed by the DEO without authority of law. The petitioner on cancellation was therefore asked to report and was accordingly relieved and joined Lilapur School.
3.6. The order of cancellation i.e. the order cancelling the petitioner's transfer from Lilapur to Laxmipura was challenged by the petitioner by filing Special Civil Application No.10739 of 2021. The Petition was allowed by an order dated 5.5.2022 and is the subject matter of Appeal in LPA No.774 of 2022 scheduled to be heard, as per the order impugned in the present proceedings on 24.08.2022.
3.7. The Respondent No.3, in compliance of the order in the Petition and subject to further orders in Appeal has passed an order that the petitioner be posted at Laxmipura in compliance of the directions of the Court, subject to the orders in LPA. (Since the order cancelling the petitioner's transfer from Lilapur to Laxmipura stood quashed).
3.8. The grievance of the petitioner in the present Petition appears to be that despite the order of relieving the petitioner to join at Laxmipura, since no specific instructions that the petitioner be relieved from Madhutra Primary School are passed, the petitioner is not being relieved from Madhutra (the place where she was transferred vide order dated 01/12/2020) before she was transferred to Lilapur though she had reported at Madhutra on 29.07.2021, after the cancellation of her transfer from Lilapur to Laxmipura.
4. Mr. K.B. Pujara, learned advocate for the petitioner would submit that once the order cancelling the transfer of the petitioner from Lilapur to Laxmipura stood cancelled she should be allowed to report at Laxmipura. The natural consequence should follow and merely because no instructions to relieve the petitioner from Madhutra are mentioned the order is not being implemented.
5. Mr. H.S. Munshaw appearing of the District Primary Education Officer, Patan would extensi
Point of law: As a disciplined employee, the petitioner has obeyed the said orders under protest and he has joined duties at the place of transfer though he is BLIND and though the impugned order is ....
The main legal point established in the judgment is the requirement for genuine material revealing public interest and administrative exigency for transfers, and the inadmissibility of clubbing previ....
The requirement of the subject should have precedence in transferring teachers from unaided to aided school. Seniority should only be considered when there are multiple teachers in the subject in whi....
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
The court established that personal health circumstances should be a valid consideration in inter-district teacher transfer requests.
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