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.

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 disposal of this petition, Your Lordships may be pleased to stay the execution, operation and implementation of the request transfer camp qua the posts of Additional Assistant Engineer-Class III at Gandhinagar District Panchayat as the Government Resolution dated per 08/06/2023;

OR

[E] Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct 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;

[F] Such other and further reliefs as may be deemed just and expedient may be granted.

3. It is the case of the petitioners that the petitioners who had been appointed as Additional Assistant Engineer - Class III by a selection process carried out by the Gujarat Panchayat Service Selection Board having completed five years of satisfactory services, their services came to be regularized in the year 2022. It is the case of the petitioners that the State having come out with a Government Restitution dated 08.06.2023, for facilitating inter district transfer of Class III and Class IV employee under the District Panchayat and whereas, though the petitioners are desirous to be transferred under the District Panchayat Gandhinagar yet, since certain posts of Additional Assistant Engineer Class- III available with Gandhinagar District Panchayat are not reflected in the Roster Register as contemplated under the Government Resolution dated 08.06.2023, which according to the petitioners gravely prejudiced them and causes a grave injustice and hence the petitioners have approached this Court by way of this petition.

4. Learned Advocate Mr. Rao on behalf of the petitioners would submit that the petitioners are unable to get benefit of inter district transfer as per Government Resolution dated 08.06.2023 more particularly since Gandhinagar District Panchyat is not stating the exact number of vacancies which are available with the Panchayat. Learned Advocate would submit that though the Gandhinagar District Panchayat has within its set up a total of 27 posts in the cadre of Additional Assistant Eng