STATE OF GUJARAT Vs. BADAL RAMJIBHAI SAGAR

JUDGEMENT

(1.) This First Appeal has been directed against the judgment and decree pronounced by the learned City Civil Judge, Court No. 7, Ahmedabad City, dated 30/01/1987, decreeing the suit of the plaintiff-employee against the defendant-State.

(2.) The present appellant is the original defendant-State, while the present respondent is the original plaintiff Govt. servant.

(3.) The original plaintiff Shri Badal Sagar has filed the Civil Suit No. 3019 of 1986 against the State for the declaration that the defendant is not entitled and authorised to transfer him from his present post and for the permanent prohibitory injunction restraining the defendant from transferring him to Sadra or at any other place. The case of the plaintiff-Shri Badal Sagar is that he was appointed as a junior clerk by the District Collector, Ahmedabad, by the orders dated 7-7-1981 and thereafter he was allocated to the service under the Health Department with effect from 15-7-1981. According to him, since then he used to work as a junior clerk in the abovesaid department. He was working in "C" Branch in the office situated at New Hospital compound and that, he had worked from 15-7-1981 to 24-8-1983 and thereafter with effect from 25-8-1983 he was transferred in the accounts division and he used to work in the same post and the place till the date of filing of the suit. According to the plaintiff he used to discharge his duties honestly, sincerely and diligently and that, his superior officer were completely satisfied with his work. But his case is that the attitude and heaviour of two other colleagues, namely P. C. Sheth senior clerk and M. G. Dudani the Administrative Officer were curt, rude and objectionable and, therefore, about 45 persons working under the branch under the leadership of the plaintiff had made certain representations against Shri Sheth and Shri Dudani. It is also the case that he was required to meet the superior officers in person and was also obliged to submit the written representation. The case of the plaintiff further is that because of such representations, which came to be made by him, Shri Sheth and Shri Dudani were annoyed with him and that they had threatened him that he shall be transferred in the near future. It is the case of the plaintiff that Shri Sheth and Shri Dudani are working on the same post since 15 to 22 years respectively and that, they have got very good relations with the senior officers. It is also the case of the plaintiff that because of the close relations the abovesaid two persons were able to do anything according to their own choice and desire. It is also the case of the plaintiff that the defendant had told him somewhere in February, 1986 that he shall be transferred at Sadra situated within the District of Gandhinagar. According to him, he had presented himself on duty on 13-2-1986 and at that time it was brought to his notice that he has been already transferred to Sadra, but according to him, he had not received any transfer order. It is therefore his case that he had continued to work in the Accounts Department of the Branch. It is also his case that he was under the apprehension that mr. Sheth and Mr. Dudani would be able to effect his transfer and that the superior officers would be influenced by Shri Sheth and Shri Dudani, and therefore, he had approached the then Health Minister and had made certain representations. It is also his case that the Health Minister had in his turn had informed the concerned officer not to effect his transfer. It is also his case that by the circular dated 23-6-1978 the Government have evolved the policy regarding the transfer and looking to the abovesaid policy he is not liable to be transferred because he has not completed the requisite service on the same place. It is therefore the case of the plaintiff that he was not required to be transferred.