LAWS(GJH)-2000-5-47

AMARDAS GOVINDDAS CHAUHAN Vs. DISTRICT PRIMARY EDUCATION OFFICER

Decided On May 03, 2000
AMARDAS GOVINDDAS CHAUHAN Appellant
V/S
DISTRICT PRIMARY EDUCATION OFFICER Respondents

JUDGEMENT

(1.) Rule. With the consent of the parties the matter is taken up for final hearing.

(2.) . The petition is filed by Primary Teacher who is serving under the respondent and has put in more than 39 years service. It is the case of the petitioner that the date of birth of petitioner is 6.2.1943 and that he is due for retirement and his superannuation age is 6.2.2000. It is also the case of the petitioner that his pension papers are also prepared. What brings him to this court is that at this stage the respondent has passed the order transferring the petitioner from Vanod Kanya Shala to Sunshiya Primary School. The petitioner is a native of Vanod and as he is left with one year service, as per the instructions contained in Government Resolution dtd.8.4.1999 the petitioner is not required to be transferred.

(3.) Besides this the petitioner has also submitted that village Sunshiya is about 10 Kilometers away from village Vanod and there is no S.T.Bus service at school time is available and therefore the petitioner will have to go by riding bicycle but the petitioner is suffering from arthritis on both legs and therefore he will not be able to ride bicycle. It is also submitted by the petitioner that the petitioner and his wife are residing at village Vanod all alone as his son is serving in B.S.F and is posted at Bangladesh border. The petitioner submitted that the petitioner had made a representation on 29.3.2000 to the Director of Primary Education but the same has not borne any fruits. The petitioner, had therefore to proceed on leave for a period of 9 days from 28.3.2000 to 5.4.2000.