D C PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners of this petition have prayed for the appropriate direction to declare the decision of the respondent to consider the petitioners as holding 'transferable' post and thereby treating them as not eligible for the benefit of the Government Resolution, dated 29.03.2001, as arbitrary, irrational and discriminatory. It is also prayed by the petitioners that the respondents be directed to consider the petitioners as holding non- transferable posts and are entitled to get the benefit of the Government Resolution, dated 29.03.2001.

(2.) THE short facts are that the petitioner are the employees of Technical Examination Board at Gandhinagar (hereinafter referred to as 'the Board', for the sake of convenience). As per the petitioners, they are working on the respective posts for about 12 to 35 years. It is the case of the petitioners that the State Government has formulated a policy of allotment of land to the employees, who are working at Gandhinagar, and who are non-transferable, and that the transferable employees shall not be entitled to get the benefit of the same. When the list was to be submitted by the Board to the authorities of the State Government, the Competent authorities of the Board decided to bifurcate all the employees of the Board into two categories, one is those, who are working at Gandhinagar, but, the corresponding posts are not available at Ahmedabad and the second is of the post of the officers and the staff working at Gandhinagar, but, the corresponding posts are available at Ahmedabad center. The Board decided to bifurcate the total staff into two categories for considering them as transferable and non- transferable, and thereafter, the list has been forwarded.

(3.) IT may be recorded that the stand of the respondent-Board, as stated in the affidavit-in- reply is at Para-5, the relevant portion of which reads as under,