NATVARLAL MOTILAL CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing the present writ petition, the petitioner seeks to challenge the order of transfer dated 30th October, 2000 transferring him from the present position to Rajpipla. At the time of admission hearing on 3rd November, 2000, this Court had issued notice to the respondents and thereby granted status quo to be maintained till 8th November, 2000. The order of status quo has subsequently been extended from time to time till the date of hearing the present writ petition.

(2.) In the present petition, the respondent No. 4 has filed affidavit-in-reply. The respondent Nos. 1 and 2 have also filed reply against the main Special Civil Application. Against both the documents, the petitioner has filed detailed rejoinder countering the averments made therein. Civil Application No. 10349 of 2000 has been filed by the respondent No. 4 for vacating the ex pane interim relief granted by this Court on 3rd November, 2000. Against the said Civil Application, the petitioner has also filed a detailed affidavit-in-reply, which has been taken on record.

(3.) The brief facts of the present writ petition are the petitioner joined service of the Government in the year 1997 (sic.). Since about the year 1995, the State Government transferred the petitioner from one place to another within a short span of about 1 and half month to 11 months. In the year 1995, the petitioner was working as an Assistant Commissioner, Sardar Sarovar Nigam. On 28th October, 1995, the petitioner was transferred from the post of Assistant Commissioner, Sardar Sarovar Nigam to the post of Special Land Acquisition Officer, Rural Roads Project, Gandhinagar. However, within a short span of one month, the petitioner was again transferred to Gujarat Backward Class Development Corporation at Gandhinagar as the Managing Director and he took charge on the said post on 2nd December, 1995. Thereafter, the petitioner was transferred as Chief Personal Officer, Health Department, Gandhinagar where he joined on 16th June, 1997. The petitioner worked in the Health Department for about four months and then he was transferred to Gujarat Backward Class Development Corporation as Managing Director where he performed his duties from 28th November, 1997 to 4th June, 1998. Thereafter, the petitioner was again transferred as Member Secretary, Gujarat Sangeet Natak Academy, Gandhinagar, however, within one and half month from the date of his joining as such, the petitioner was again transferred as Joint Commissioner, Women & Child Development Department, Ahmedabad. The petitioner performed his duties in the said Department from 12th August, 1998 to 4th January, 1999, The petitioner was, however, again transferred as Deputy Development Commissioner, Ahmedabad. However, before completing one and a half month there, on 23rd February, 1999, he was again transferred and posted as a Joint Commissioner, Women and Child Development Department, Ahmedabad. Thereafter, after about 11 months period, on 24th January, 2000, the petitioner was transferred and posted as Deputy Commissioner, Mid-Day Meals Scheme, Gandhinagar, where the petitioner worked as such for about four months and then again on 25th May, 2000, he was transferred and posted as Welfare Commissioner, Gujarat Labour Welfare Board, Ahmedabad and since 25th May, 2000, the petitioner has been discharging his duties on the said position. According to the petitioner, within a short span of about five months, the petitioner is again sought to be transferred to the office of the Project Administrator, Tribal Development Department, Rajpipla on some political considerations. The said transfer order dated 30th October, 2000 has been challenged in the present writ petition on the grounds, inter alia, that the same being mala fide, illegal and against the settled policy and guidelines issued by the Stale Government in the matter of transfer of its employees and also on political considerations. According to the petitioner, considering the averments made in the present writ petition, it would be clearly evident that the present transfer to Rajpipla is made with a view to harass the petitioner as he has not succumbed to the unreasonable demands made by the Chairman, Gujarat Labour Welfare Board-the present respondent No. 4. It is averred in the petition that during the last five years, the petitioner has been transferred from one place to another for about ten times and that too within a short intervals. The petitioner has produced newspaper cuttings at Annexure-A wherein the petitioner has been stated to have been transferred from Welfare Commissionerate, Labour and Employment to Tribal Sub-Plan, Rajpipla. The petitioner has also produced a note wherein the respondent No. 4 has demanded services of one peon and a driver as a personal staff of the Chairman of the Board. Petitioner has also produced guidelines issued by the State of Gujarat in respect to transfer of Gazetted Officers wherein it is provided that unless and until such Gazetted Officer had not completed three years' service at a given place, he should not be normally transferred from that place of posting. The main grievance appears to have been made against the respondent No. 4 herein. In paragraph No. 7 of the writ petition, the petitioner has pointed out that the respondent No. 4, the Chairman of the Gujarat Labour Welfare Board, use to raise unreasonable demands from the petitioner which are not allowed as per the circulars and notifications issued by the State Government and also are against the rules and regulations. According to the petitioner, one of such demands was with respect to appointment of nephew of the brother of the respondent No. 4 as a peon and another relative as a driver in the Board. As the petitioner was unable to fulfil such unreasonable demands, ultimately it resulted into transfer of petitioner to Rajpipla because the respondent No. 4 has made a complaint against the petitioner to the Chief Minister and other Ministers and the Board pressured upon the concerned authorities to transfer the petitioner from the present post so that the respondent No. 4 could fulfil the requirement, as per his wish. Therefore, as a result of such pressures and a complaint made by the respondent No. 4, the petitioner has been transferred from the post of Welfare Commissioner, Gujarat Labour Welfare Board to the post of Project Administrator, Tribal Development Department, Rajpipla within a short span of five months from the date of joining the present position.