Gujarat High Court
Kuldeep Singh Yadav vs Union Of India on 17 June, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/10523/2023 ORDER DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10523 of 2023
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 10523 of 2023
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KULDEEP SINGH YADAV & ORS.
Versus
UNION OF INDIA & ORS.
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Appearance:
MR VISHRUT BHANDARI(11297) for the Petitioner(s) No. 1,2,3,4,5,6,7
PRITHU PARIMAL(9025) for the Petitioner(s) No. 1,2,3,4,5,6,7
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 17/06/2025
ORAL ORDER
1. Heard learned Senior Advocate Mr.I.H.Syed appearing with learned Advocate Mr.Prithu Parimal on behalf of applicants - petitioners and learned Advocate Ms.Archana Acharya appearing on behalf of the respondents.
2. While the present petitioners had challenged directive no.60 dated 29.03.2023 whereby eligibility for inter-zonal transfer for RPFS personnel had been increased to 10 years, it is informed that by communication dated 06.09.2023 directive no.60 had been modified and the criteria of 8 years' service for being entitled for inter-zonal transfer which was hitherto applicable for both RPFS and RPF personnel has been now made applicable to RPFS personnel.
2.1. Learned Senior Advocate Mr.Syed would submit that the Page 1 of 3 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Jun 18 2025 Downloaded on : Thu Jun 19 21:49:55 IST 2025 NEUTRAL CITATION C/SCA/10523/2023 ORDER DATED: 17/06/2025 undefined modified provision takes care of the primary grievance of the petitioners, yet, since a list of inter-zonal transfer has been prepared during the pendency of the petition, the revised criteria would not made applicable in case of the petitioners and whereas, their names do not figure in the list concerned.
3. Learned Advocate Ms.Acharya would rely upon affidavit- in-reply filed on behalf of respondent no.4 and would submit that no injustice has been meted out whatsoever to the petitioners and whereas, learned Advocate would reiterate that after 06.09.2023 when directive no.60 has been modified, if the petitioners have any grievance then the same would be a fresh cause of action for which the petitioners should avail appropriate remedy available to them.
4. Considering the submissions made by learned Counsels for the parties, to this Court, it would appear that after 06.09.2023 i.e. after directive no.60 had been modified whereby grievance of the petitioners are redressed, if a fresh list had been prepared by the respondent authorities, then the same would be a fresh cause of action for which the petitioners would have to avail appropriate remedy. 4.1. At the request of learned learned Senior Counsel, it is Page 2 of 3 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Jun 18 2025 Downloaded on : Thu Jun 19 21:49:55 IST 2025 NEUTRAL CITATION C/SCA/10523/2023 ORDER DATED: 17/06/2025 undefined directed that if the petitioners have any grievance against list dated 16.04.2025 i.e. with regard to their non-inclusion in the list, then it would be open for the petitioners to approach respondent no.3 herein within a period of fifteen days from the date of receipt of this order with an appropriate elaborate representation and the respondent no.3 shall consider the same within a period of 60 days thereof and whereas, the respondent no.3 shall pass a reasoned order as regards the contentions raised by the petitioners in the representation. It is clarified that any transfer hereinafter from the list dated 16.04.2025 would be subject to the final orders that would be passed by the respondent no.3.
4.2. If the petitioners are aggrieved by the said decision, it would be open for the petitioners to avail appropriate remedy in accordance with law.
4.3. With the above observations and directions, the present petition stands disposed of. Consequently, Civil Application also stands disposed of.
(NIKHIL S. KARIEL,J) Bhoomi Page 3 of 3 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Jun 18 2025 Downloaded on : Thu Jun 19 21:49:55 IST 2025