PATEL SHILPABEN MANGADBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Maulik Nanavati, learned counsel with Mr.Jay Shah, learned counsel for the petitioners and Mr.Manish Patel, learned counsel for the respondent No.3 and Mr.Krutik Parikh, learned Assistant Government Pleader for the State- respondents. Mr.Maulik Nanavati, learned counsel for the petitioners, does not press this petition qua petitioners Nos. 22 and 36.

(2.) The petitioner of this petition has challenged the orders of transfer on the basis of wrongful fixation of seniority. This Court in this petition, on 16/12/2020, passed the following order:

(3.) It appears that as was in the other matter, by a whatsapp message dtd. 15/12/2020, the petitioners were sought to be relieved. A civil application for stay / directions, namely, Civil Application No. 1 of 2021 was filed. By an order dtd. 18/1/2021, a Co-ordinate Bench of this Court passed an order of tagging the Civil Application to be heard with the main matter, making the notice returnable on 25/1/2021 without passing any order regarding salaries. This prompted the petitioners to file Letters Patent Appeal No. 403 of 2021. The Division Bench of this Court, while disposing of the appeal on 20/4/2021 observed noting the contentions of the appellant therein that in similar matters, namely, Special Civil Application Nos. 16002 and 16020 of 2020, the orders of status-quo were granted. Even the contention of the respondents in appeal, when considered, would indicate that the order of transfer was implemented and therefore, there was a resistance on the part of the learned counsel Mr.Manish Patel on the payment of salary. It will be apt to reproduce the observations made by the Division Bench which read as under: