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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Bhrugu Gunavantbhai Kotak – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Nikhil S. Kariel, J.
1. Heard learned Advocate Mr. B.T. Rao on behalf of the petitioners, learned Assistant Government Pleader Mr. Aditya Pathak on behalf of respondent no.1- State, learned Advocate Mr. Devang Dave on behalf of respondent no.2, learned Advocate Mr. Rutviz Bhatt for respondent no.4 and learned Advocate Mr. H.S. Munshaw on behalf of respondents no. 5 and 7.
2. By way of this petition the petitioners have sought for following prayers:
[A] Your Lordships may be pleased to admit and allow this petition.
[B] Your Lordships may issue a writ of Mandamus or any other appropriate writ, order and/or direction by directing the respondent authorities to accept the request of inter district transfer application of present petitioners for the post of Additional Assistant Engineer Class III at Gandhinagar District Panchayat;
[C] Your Lordships may issue a writ of Mandamus or any other appropriate writ, order and/or direction by directing the respondent authorities to keep the posts of Additional Assistant Engineer- Class III at Gandhinagar District Panchayat vacant as per the Roster Register as the petitioners are eligible for the same;
[D] Pending admission, hearing and final
Employees do not have an inherent right to transfer to specific posts; transfer is governed by administrative exigencies, and the State is empowered to decide appointments and transfers.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
Transfers between government officers not similarly ranked are generally impermissible, but exceptions exist if justified by competence and administrative needs.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
The classification of government and non-government employees regarding transfer policies is valid, and the court cannot interfere in executive decisions unless statutory violations occur.
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