Bharatbhai K Vaghela vs Health Department & 2 on 16 January, 2014

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Gujarat High Court

Bharatbhai K Vaghela vs Health Department & 2 on 16 January, 2014

Bench: Abhilasha Kumari

        C/SCA/13207/2013                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 13207 of 2013
================================================================
                 BHARATBHAI K VAGHELA....Petitioner(s)
                              Versus
               HEALTH DEPARTMENT & 2....Respondent(s)
================================================================
Appearance:
MR. HARDIK J JANI, ADVOCATE for the Petitioner(s) No. 1
MR DHARMENDRA M DEVNANI,GOVERNMENT PLEADER for the
Respondent(s) No. 3
MR RAJESH CHAUHAN FOR MR HS MUNSHAW, ADVOCATE for the
Respondent(s) No. 2
================================================================
        CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
               KUMARI

                           Date : 16/01/2014
                            ORAL ORDER

Heard Mr.Hardik J. Jani learned advocate for the petitioner, Mr.Dharmendra M. Devnani, learned Assistant Government Pleader for respondents Nos.1 and 3 and Mr.Rajesh Chauhan, learned advocate for Mr.H.S.Munshaw, learned advocate for respondent No.2.

The attention of this Court is drawn to the averments made in paragraph11 of the affidavitin reply filed on behalf of respondent No.2 on 25.09.2013, wherein it has been stated that the said respondent has not lost sight of the fact that the petitioner is a handicapped person and the case of the Page 1 of 2 C/SCA/13207/2013 ORDER petitioner may be considered for transfer to nearby place, if feasible.

In view of the Circular dated 26.08.1975 issued by the State Government, wherein the Government has sympathetically considered the hardships faced by physically handicapped persons due to their transfer and which gives a concession to such category of ClassIII and ClassIV employees, inasmuch as they shall be given priority by the Competent Authority; the learned advocate for respondent No.2 may take instructions whether the petitioner can be accommodated at a place nearer to his place of residence in village Valad.

List on 24.01.2014.

(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 2 of 2

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