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SCA/3455/2001 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3455 of 2001
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BHARAT
R CHAUDHARI - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
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Appearance :
NOTICE
UNSERVED for Petitioner(s) : 1,
MR PK JANI, GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2 -
5.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/09/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
petitioner, the President of the Association of Government Employees
working in Gandhinagar, filed this writ petition on behalf of about
2500 employees serving in different departments of the State for a
direction to the respondents to set aside the Government Resolutions
dated 29.3.2001 and 4.4.2001 at Annexures A & B respectively
to the writ petition.
2. According
to the petitioner, the Resolutions aforesaid are arbitrary and
discriminatory as the same discriminate similarly situated employees
of the State of Gujarat and create artificial distinction of
transferable and non-transferable employees serving at Gandhinagar.
3. We
have perused the petition and also heard the learned counsel for the
respondents.
4. The
question whether one or other employees should be allotted land in
the State capital at Gandhinagar or not is a question of policy
decision which can be taken by the State authorities. This Court
under Article 226 of the Constitution of India cannot decide who are
the employees and similarly situated persons for allotment of plots
in the town and District of Gandhinagar. It is not in dispute that
in the Government establishments, there are certain posts which are
non-transferable and there are posts which are transferable. A
person who can be transferred from one district to another district
cannot claim for a plot in a particular district, though it would be
open to the State Government to allot such plot in favour of the
persons who are posted in a particular district against a
non-transferable post. In this background, no interference is called
for. In absence of any merit, the writ petition is dismissed.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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