Patel Manubhai Nanabhai vs State Of Gujarat on 22 March, 2018

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Gujarat High Court

Patel Manubhai Nanabhai vs State Of Gujarat on 22 March, 2018

Bench: R.M.Chhaya

       C/SCA/18524/2017                             ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 18524 of 2017

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                          PATEL MANUBHAI NANABHAI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR KB PUJARA(680) for the PETITIONER(s) No. 1
DR VENUGOPAL PATEL, AGP for the RESPONDENT(s) No. 1-3
MR HS MUNSHAW(495) for the RESPONDENT(s) No. 5
MR MANISH J PATEL(2131) for the RESPONDENT(s) No. 4
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 2,3
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 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                              Date : 22/03/2018

                                ORAL ORDER

1. Heard Mr. K.B. Pujara, learned counsel for the petitioner, Dr. Venugopal Patel, learned Assistant Government Pleader for the respondent Nos. 1 to 3, Mr. Manish J. Patel, learned counsel for respondent No. 4 and Mr. H.S. Munshaw, learned counsel for the respondent No. 5.

2. By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs: "(a) to issue Notice for Final Disposal on Returnable Date;

(b) to direct the respondents ands particularly the respondent Nos. 3 and 4 to modify the Interdistrict Page 1 of 3 C/SCA/18524/2017 ORDER transfer order dtd. 1892015 as per AnnexureD and to post the petitioner at any place near his native place of Jalodar, Taluka :

Modasa, dist : Arvali as the petitioner is suffering from Physically Disability of more than 45%;"

3. The petitioner was initially appointed as VidyaSahayak as Physically Handicapped candidate in Kheda District by an order dated 27/09/1999 and after completion of 5 years in fixed pay, the petitioner has been placed in regular pay scale on 28/09/2004 by an order dated 07/01/2005.

4. The petitioner belongs to village: Jalodar, Taluka: Modasa, District: Aravalli which was formerly in Sabarkantha District. The petitioner applied for interdistrict transfer to Sabarkantha District and instead of Jalodar Primary School, the petitioner was transferred to Patadiyavarg Primary School, Matoda Group, Taluka: Khedbrahma, District: Sabarkantha.

5. It is a matter of record that because of creation of new District Aravalli, the petitioner's transfer has taken place when his native place Jalodar was in Sabarkantha District. Considering the fact that the petitioner is Physically Handicapped, it is prayed that his request for transfer to Jalodar or nearer place in Aravalli District be considered.

Page 2 of 3 C/SCA/18524/2017 ORDER

6. Considering the policy of Government Resolution dated 23/05/2012, interdistrict transfer is permitted only once and therefore, as per the said policy, the petitioner has already availed the said benefit, still however, considering the special fact that because of creation of new revenue District, problem still continues and hence, the present petition be considered as an application of the petitioner and respondent authorities shall take appropriate decision upon it, as expeditiously as possible, preferably before the next academic year. It is, however, clarified that this Court has not expressed any opinion on merits of the matter.

7. With the aforesaid observations and direction, the petition stands disposed of. Notice discharged. There shall be no order as to costs.

(R.M.CHHAYA, J) N.V.MEWADA Page 3 of 3

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