PRAJAPATI PUNAMBAHEN ISHVARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition the petitioner is seeking quashing and setting aside Clause-4 of Chapter-G of the Government Resolution dtd. 1/4/2022. A further direction is sought to direct the Government to extend the benefit as per the Government Resolution dtd. 21/1/2014 more particularly, Clauses 3 and 4 thereof and allow her to participate in the intra-district camps held for transfer.

(2.) The petitioner is claiming intra-district transfer i.e. from one Taluka to another Taluka within the district as per the earlier policy and since the application filed by the petitioner is not accepted by the respondent authorities for seeking transfer from one taluka to another within the district, the aforesaid Clause-4 of Chapter-G of the Government Resolution dtd. 1/4/2022 is challenged.

(3.) Learned advocate Ms.Pasi appearing for the petitioner has submitted that the aforesaid Clause-4 of Chapter-G of the Government Resolution dtd. 1/4/2022 only confines to transfer from one district to another district and transfer from one Taluka to another Taluka within the district is barred. She has further submitted that as per the earlier Resolution dtd. 21/1/2014, as per Clause 4 thereof, a teacher can seek inter as well as intra-district transfer, after completion of 10 years of service. She has further placed reliance on the order dtd. 9/11/2022 passed in Special Civil Application No.22254 of 2022 and has submitted that as per the observations made therein, the impugned order is premised on the Government Resolution dtd. 30/8/2017, whereas the case of the petitioner has been considered as per the Government Resolution dtd. 1/4/2022. She has submitted that the provision of the said clause is violative of Article 14 of the Constitution of India since the respondent authorities have created a class within a class. No further submissions are made.