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SCA/9781/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9781 of 2011
With
SPECIAL
CIVIL APPLICATION No. 9813 of 2011
To
SPECIAL
CIVIL APPLICATION No. 9853 of 2011
=========================================================
GARASIA
JAYESHKUMAR JIVANBHAI & 41 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY, & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PANKAJ K SONI for
Petitioner(s) : 1 - 42.MS RAKSHA S DIKSHIT for Petitioner(s) : 1 -
42.
MR MAULIK NANAVATI, AGP for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/08/2011
ORAL
ORDER
1. Heard
learned advocate Mr. P. K. Soni appearing for petitioners and learned
AGP Mr.Maulik Nanavati appearing for respondents state authorities.
2. Today,
learned advocate Mr. Soni made a mention to this Court in first
session to permit him to circulate one page petition along with
Special Civil Application No.9781 of 2011 in second session. This
Court has granted permission to circulate this group of petitions in
second session. Accordingly matters have been called for from
registry of this Court and registry has prepared the Board and sent
papers of this group of petitions before this Court in second
session. Accordingly, this group of petitions is taken up for
hearing.
3. Learned
advocate Mr. Soni submitted that before this Court in identical facts
and circumstances which are having with petitioner, this Court has
passed an order on 18/7/2011 in Special Civil Application No.8177 of
2011 with Civil Application No.7670 of 2011. Said order is quoted as
under:
“1. Heard
learned advocate Mr. KB Pujara on behalf of petitioner, learned AGP
Mr. Maulik Nanavati appearing for respondent.
2. I
have considered submissions made by both learned advocates. The
application has been made by each petitioner giving choice of place
with a request to transfer respondent as per policy of State
Government. Therefore, it is directed to respondent to first consider
an application made by petitioner to respondent with a request to
transfer who are senior and experienced Trained Graduate primary
teachers, to be posted on vacancies in Upper Primary Section before
taking any steps in furtherance of advertisement dated 15/7/2011
issued by respondent as per Annexure II of civil application no.
7670/2011.
3. In
view of above observation and direction, SCA no. 8177/2011 and CA no.
7670/2011 both are disposed of by this Court without expressing any
opinion on merits. However, in case of such individual applicant/
petitioner have some difficulty arise, it is open for such
applicant/petitioner to approach this Court. Direct service today is
permitted.”
4. Here,
present petitioners are working as a teachers in upper primary
school and all have made their applications before respondents with
a request to consider their case of transfer at a particular choice
of place before finalizing selection and appointments in pursuance to
advertisement dated 15/7/2011.
5. I
have considered submissions made by learned advocate Mr. Soni and
learned AGP Mr. Maulik Nanavati appearing for respondents state
authority and an application which has been made by each petitioner
to respondents giving choice of place with a request to transfer as
per policy of State Government.
6. Therefore,
it is directed to respondents state authorities to first consider
such application which has been made by each petitioner to
respondents with a request to transfer who are senior and experienced
trained graduate primary teachers to be posted on vacancies in upper
primary section before taking any steps or finalizing it in
furtherance of advertisement dated 15/7/2011.
7. In
view of above observation and direction, present petitions are
disposed of by this Court without expressing any opinion on merits.
However, in case if any petitioner has some difficulty or any
difficulty arise to petitioners, it is open for petitioners to
approach this Court. Direct service today is permitted.
(H.K.RATHOD,
J.)
(ila)
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