PRAVINKUMAR JANKIDAS SADHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner herein has prayed for appropriate writ, direction or order quashing and setting aside the communication dated 14.06.2007 issued by the respondent Authority refusing allotment of land/plot to the petitioner at concessional rate in Gandhinagar City.

(2.) The only contention on behalf of the petitioner so submitted by Shri Sunil Mehta, learned advocate appearing on behalf of the petitioner is that though the post in question on which petitioner is serving is a transferable post, as since number of years petitioner is not transferred from Gandhinagar, it is to be presumed and/or it is to be treated that the post on which the petitioner is serving is a non-transferable post and therefore, petitioner is entitled to the plot at concessional rate at Gandhinagar. The aforesaid cannot be accepted. Merely because for whatever reason petitioner is not transferred from Gandhinagar, that by itself would not convert the post on which the petitioner is working to be non-transferable post, if otherwise the said post is transferable post. The fact remains that post on which the petitioner is serving is a transferable post and therefore, under the policy of the State Government, only those employees who are serving in Gandhinagar on non-transferable post are entitled to the land/plot at concessional rate in Gandhinagar City. Admittedly, as the petitioner is serving on transferable, petitioner is not entitled under the policy of the Government to the plot at concessional rate in Gandhinagar. Under the circumstances, it cannot be said that the Authority has committed any error and/or illegality in rejecting the application of the petitioner for allotment of plot/land at Gandhinagar at concessional rate.

(3.) Under the circumstances, present petition deserves to be dismissed and is, accordingly, dismissed. Notice discharged.