RATHOD VADANSINH RAMSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed two writ petitions. The captioned writ petition being Special Civil Application No.3458 of 2021 is filed challenging the action of the respondent authorities in not transferring him to the vacant post in the Lower Primary Division of Ratanpur Primary School, Taluka Talod and further not to show the place of lower primary teacher in the said school as vacant in the intra-district camps, which are to be organized from 6/2/2021 to 21/2/2021.

(2.) By the order dtd. 18/2/2021, this Court granted interim relief in terms of paragraph No.39(F), which pertains to restricting the respondent authorities from showing the place of lower primary teacher in Ratanpur Primary School, Taluka Talod, as vacant.

(3.) It appears that since the aforesaid place was displayed vacant in the camps, the respondent No.5-Nitaben Rameshchandra Panchal was appointed in the Lower Primary Division of Ratanpur Primary School, Taluka Talod. Accordingly, the petitioner filed a contempt petition being Misc. Civil Application No.359 of 2021 which was disposed of, reserving liberty in his favour to file a fresh application for clarification before the learned Single Judge. During pendency of the aforesaid captioned writ petition being Special Civil Application No.3458 of 2021, the respondents declared the petitioner as surplus by the order dtd. 19/5/2022, which has been challenged by the petitioner in the captioned writ petition being Special Civil Application No.9802 of 2022. By the order dtd. 23/5/2022, this Court granted ad-interim relief restraining the respondent authorities to issue any posting order to the petitioner.