Gujarat High Court
Pravinbhai Gordhanbhai Parmar vs State Of Gujarat on 13 August, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/8899/2017 ORDER DATED: 13/08/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8899 of 2017
===================================================
PRAVINBHAI GORDHANBHAI PARMAR & ORS.
Versus
STATE OF GUJARAT & ORS.
===================================================
Appearance:
MR. SAHIL M SHAH(6318) for the Petitioner(s) No.
1,2,3,4,5,6,7,8
MR. IG JOSHI(8726) for the Respondent(s) No. 2,3,4,5
LAW OFFICER BRANCH(420) for the Respondent(s) No. 2,3,4,5
MS. POOJA ASHAR, AGP for the Respondent(s) No. 1
===================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 13/08/2024
ORAL ORDER
1. Heard Mr. Sahil M. Shah, learned advocate appearing for the petitioners, Mr. I. G. Joshi, learned advocate appearing for the respondent nos. 2 to 5 and Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondent No.1
- State.
2. The petitioners herein by way of the present Petition, have challenged the Office Order No. 129/2017 dated 31.03.2017 passed by the Principal District Judge, Kheda at Nadiad, Page 1 of 5 Downloaded on : Fri Aug 16 22:45:50 IST 2024 NEUTRAL CITATION C/SCA/8899/2017 ORDER DATED: 13/08/2024 undefined whereby, the petitioners herein were transferred by the said order to the Courts of Principal Civil Judge and Judicial Magistrate First Class (JMFC) / Additional Civil Judge & JMFC, Balasinor, upon establishment of the District Court at Mahisagar. 3.1. Mr. Sahil M. Shah, learned advocate appearing for the petitioners submit that the petitioners herein in their option forms did not accede for transfer, however, the petitioners came to be transferred. It is submitted that there are other employees also in other districts of the same establishment, who consented for transfer, however, they have not been transferred. 3.2. Mr. Shah, learned advocate placed reliance on the communication dated 26.02.2019, which has been issued under the Right to Information Act, 2005.
3.3. Mr. Shah, learned advocate also relied on the Affidavit-in-Rejoinder duly filed at Page-257, more particularly, Paras-4 and 5 of the said Rejoinder and submitted that the petitioner nos.1, 4, 5 and 8 came to the establishment of the District Court, Nadiad through Inter-District Transfer. In fact, the petitioner no.5, Mr. S.M. Bhatt had been transferred to the Page 2 of 5 Downloaded on : Fri Aug 16 22:45:50 IST 2024 NEUTRAL CITATION C/SCA/8899/2017 ORDER DATED: 13/08/2024 undefined establishment of District Court, Nadiad on 02.03.2017. Mr. Shah, learned advocate submitted that within one month thereof, by way of the transfer order, Mr. S.M. Bhatt was transferred to District Court, Mahisagar at Lunavada, w.e.f. 02.04.2017. Accordingly, petitioner nos. 1, 4, 5 and 8 were deprived of the benefit from their Inter-District Transfers and were transferred to the newly established District Court, Mahisagar. It was submitted that, one Mr. M.S. Wagh, Peon, was not transferred though he had consented. Mr. Shah, learned advocate further submitted that, petitioner nos.6 and 7 were promoted to the post of Bailiff on 27.03.2017 by District Court, Nadiad and were almost immediately transferred on 02.04.2017. Mr. Shah, learned advocate further submitted that the petitioner no.6 herein is physically handicapped and his case deserves consideration on the said ground alone.
4. Mr. Ishan Joshi, learned advocate appearing for the respondent nos. 2 to 5 relied on the two Affidavit-in-Replies filed by the respondent no.5 duly filed at page-87 and Page-223 and placed reliance on requirement as per the sanctioned post of Page 3 of 5 Downloaded on : Fri Aug 16 22:45:50 IST 2024 NEUTRAL CITATION C/SCA/8899/2017 ORDER DATED: 13/08/2024 undefined the Civil Courts at Balasinor (which is reproduced at Page-93 and
94), which reads thus:
SR. NAME OF POSTS NUMBER OF POSTS NO. 1 Gujarati Stenographer Grade-II 01 2 Registrar-cum-Nazir (Superintendent) 01 3 Superintendent (Senior Clerk) 01 4 Assistant (Junior Clerk) 08 5 Bailiff 04 6 Peon / Watchman / Water Server 03
For Additional Civil Judge & JMFC, Balasinor:
SR. NAME OF POSTS NUMBER OF NO. POSTS 1 Superintendent (Senior Clerk) 01 2 Assistant (Junior Clerk) 02 3 Peon 02
5. When the matter was taken-up for hearing, the learned advocate appearing for the respective parties jointly submitted that the present Petition be considered, as a Representation, as also Mr. Shah, learned advocate submits that a fresh representation be permitted to prefer to the Inter District Transfer Committee and the same be considered in accordance with the Rules. Mr. Joshi, learned advocate appearing for the Page 4 of 5 Downloaded on : Fri Aug 16 22:45:50 IST 2024 NEUTRAL CITATION C/SCA/8899/2017 ORDER DATED: 13/08/2024 undefined respondent nos. 2 to 5 submitted that, if the petitioners were to approach the Inter District Transfer Committee, upon receipt of the order, the same would be considered by the Committee in accordance with the law, Rules and Regulations, as expeditiously as possible, preferably within a period of 8 weeks, from the receipt of the order.
6. In light of the aforesaid, without going into the merits of the matter, in the interest of justice, the petitioners may approach the Inter District Transfer Committee through the respondent no.2 herein. It is open for the petitioners to prefer a fresh representation, alongwith the copy of the present Petition, the same be considered by the said Inter District Transfer Committee in accordance with the law, Rules and Regulations, as expeditiously as possible, preferably within a period of 8 weeks, from the receipt of the order.
The present Petition stands disposed of, without going into the merits of the matter.
(VAIBHAVI D. NANAVATI,J) Pradhyuman Page 5 of 5 Downloaded on : Fri Aug 16 22:45:50 IST 2024