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SCA/9139/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9139 of 2008
============================================
MAHENDRASINH
CHHATRASINH RATHOD - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
============================================
Appearance
:
MR RE
VARIAVA for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 10/07/2008
ORAL
ORDER
1. This
petition under Article 226 of the Constitution of India is filed
challenging the order of transfer dated 29.5.2008 passed by the
District Primary Education Officer, District Panchayat, Navsari, by
which the petitioner was transferred from Gandevi to Chikhil in the
capacity of Educational Inspector.
2. Shri
Variava, learned advocate, for the petitioner has relied on the
guidelines framed by the Director of Primary Education and submitted
that there is breach of the above guidelines and the petitioner is
transferred even though requsite Clauses 2 and 3 of the above
guidelines are not in favour.
3. In
the matter of transfer being a service condition, no indefeasible
right is vested with the employee and the guidelines is only for an
administrative exigency and that, the deviation from the guidelines
cannot be said in any manner unreasonable or arbitrary or violative
of Article 14 of the Constitution of India. Besides, it is held by
the Apex Court in the case of Union of India vs. S.L.Abbas reported
in AIR 1993 SC 2444 that, in case if any grievance arises by the
employee, by virtue of transfer order, at the most after resuming the
duty at the place of transfer, the employee can make representation
before the concerned authority and no power under Article 226 of the
Constitution of India can be exercised, unless the transfer is
contrary to law or malafide, on the basis of relevant material
produced.
4. The
case of the petitioner is not covered by the above exception and this
petition is summarily rejected.
[ANANT
S. DAVE, J.]
//smita//
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