Gujarat High Court High Court

Special Civil Application No. … vs Mrs Ranjan B Patel For Petitioner … on 26 September, 2011

Gujarat High Court
Special Civil Application No. … vs Mrs Ranjan B Patel For Petitioner … on 26 September, 2011
Author: Mohit S. Shah,
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CIVIL APPLICATION No 5519 of 2002
      with
      SPECIAL CIVIL APPLICATION No 5526 of 2002



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     KANTHRAVI KELAVANI UTTEJAK    MANDAL
Versus
     STATE OF GUJARAT
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     Appearance:
     1. Special Civil Application No. 5519 of 2002
          MR BS PATEL for Petitioner No. 1
          MRS RANJAN B PATEL for Petitioner No. 1
          MR RV DESAI, AGP, for Respondent No. 1
          .......... for Respondent No. 2
          NOTICE SERVED BY DS for Respondent No. 3


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              CORAM : MR.JUSTICE M.S.SHAH


              Date of Order: 30/09/2002


COMMON ORAL ORDER

Mr Vyas learned counsel for the petitioners
submits that by impugned orders dated 3-1-2002, District
Education Officer, Mahesana required the
petitioner-school to absorb the surplus teachers as
clerks. Mr Vyas submits that the other petitions
challenging the similar orders passed by the DEO,
Mahesana of the other districts are admitted by this
Court and ad-interim stay is granted against
implementation of such orders.

On the other hand, Mr Desai, learned AGP for the
respondents submits that surplus teachers are required to
be paid idle wages and, therefore, those who are
possessing the qualification for the post of clerk are
directed to be absorbed as clerks. It is further
submitted that when the surplus teachers themselves are
not making any grievance against their absorption as
clerks, the school management cannot have any grievance.

In view of the orders passed by this Court in
similar matters, RULE.

Till 18-10-2002, ad-interim relief granted
earlier shall continue. It will be open to the
respondent-authorities to file a note before this Court
with the list of similar matters for final disposal on
18-10-2002.

A copy of this order shall be made available to
the learned AGP.

(M.S.    Shah,J)
        zgs/-