Patel Linaben Kacharalal vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 794

Patel Linaben Kacharalal – Appellant
Versus
State of Gujarat – Respondent

Advocates appeared:
K.B.Pujara, Pareshkumar B.Trivedi, H.S.Munshaw, Utkarsh Sharma, Advocates

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(b) to direct the respondents to forthwith relieve the petitioner from Madhutra Primary School, Tal: Santalpur and allow her to join at Laxmipura (Vamaiya) Primary School, Tal.: Saraswati, in compliance with the order of respondent No.3 dated 2.7.2022 at Annexure - I which is in compliance with the judgment and order of the Hon'ble High Court dated 5.5.2022 passed in SCA No.10739/2021 (Coram: Biren Vaishnav J.) at Annexure - H.

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 t