LAWS(GJH)-2022-6-970

DISTRICT PRIMARY EDUCATION OFFICER Vs. STATE OF GUJARAT

Decided On June 15, 2022
DISTRICT PRIMARY EDUCATION OFFICER Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr.M.J.Patel for the appellant and learned advocate Mr.Jay Shah for the respondent No.5.

(2.) The present Letters Patent Appeal is directed against order dtd. 5/5/2022 of learned single Judge allowing Special Civil Application filed by the respondent authority- original petitioner.

(3.) Learned single Judge held that the order dtd. 22/6/2021 passed by respondent rejecting the application of the petitioner- Primary Teacher for transferring her from Kheda District to Aravalli District. The ground mentioned was that such benefit of inter district transfer could be availed only once in a year. It appears that the spouse of the petitioner had have been serving in the Aravalli District and the petitioner is posted in a school in Kheda District. Both are serving as Primary Teachers in the respective schools. The respondent has framed a policy for inter district transfer reflected in Resolution dtd. 23/5/2012 of the Education Department. The policy stipulations permit transfer of different kinds as may be requested by the Primary Teacher which include the inter district transfer.