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SCA/11766/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11766 of 2009
=========================================================
NAINABEN
KANTILAL PATEL ASSISTANT TEACHER - Petitioner(s)
Versus
SECRETARY
& 5 - Respondent(s)
=========================================================
Appearance
:
MRS
SANGEETA N PAHWA for
Petitioner(s) : 1,
MR SHIVANG SHUKLA AGP for Respondent(s) : 1 -
2.
MR PINAKIN M RAVAL for Respondent(s) : 3,
NOTICE SERVED for
Respondent(s) : 4 - 6.
MR.KIRIT R CHAUDHARI for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 13/07/2010
ORAL ORDER
Learned
advocate Ms Pooja Dave appearing for Mr Pinakin Raval for respondent
Nos.3 and 4 states that the respondent-authorities are ready to
consider the case of the petitioner, if the petitioner makes a
representation.
2. Learned
advocate Ms Pahwa for the petitioner states that the petitioner can
have no objection to the proposal made, but if a fresh representation
is made, the petitioner would be placed at the bottom of the list and
that would cause prejudice to her interest as her application which
she had made has not been considered and has been pending for a long
time.
3. On
the other hand, learned advocate Ms Dave indicates that the
petitioner’s application is not available on the record of the
respondent-authorities.
4. Under
the circumstances, the petition is disposed of by giving the
following directions:-
(i) The
petitioner shall forward or send to the respondent-authorities a copy
of the application made earlier i.e. application dated 17.7.2002
(Annexure-C) within a period of one week from today, which the
respondent-authorities shall consider as representation made by the
petitioner on the respective date i.e. 17.7.2002 and consider the
same in accordance with law.
(ii) This
consideration will precede any other order that may be passed in
respect of the persons on the list to be considered for transfer to
Gandhinagar.
5. The
petition stands disposed of accordingly. Notice is discharged. No
costs.
(A.L.
DAVE, J.)
zgs/-
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