LAWS(GJH)-2011-7-139

HADAMATSINH NAHARSINH SISODIYA Vs. STATE OF GUJARAT

Decided On July 14, 2011
HADAMATSINH NAHARSINH SISODIYA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) WE have heard Mr. Percy Kavina, learned senior counsel for Mr.S. P. Majmudar, learned counsel for the appellant.

(2.) LEARNED counsel for the appellant has urged that the constables are appointed district-wise and their seniority is maintained only district-wise and so in the case of appellant, for the purpose of promotion, district-wise seniority is to be considered and that is why he cannot be transferred from one district to another because if this is permitted then it will be giving undue advantage to the respondents to pick and choose any employee and transfer such employee to another district who may get promotion. However, in the present matter, the appellant is aggrieved by his transfer order dated 24th September, 2010 by which he has been transferred from Ahmedabad to Jamnagar district.

(3.) IN view of the aforesaid Division Bench decision, the appellant shall make a fresh detailed representation within a week to the respondent No.3 Director General of Police who shall consider the representation of the petitioner in light of decision in case of Haroon Yusufbhai Kadiwala vs. Director General of Police and anr. rendered by the Division Bench of this Court in Letters Patent Appeal No.2277 of 2010, in accordance with law by a reasoned and speaking order within further period of three weeks.