SHILPABEN BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner, in the prayer clause at paragraph No.20A, has made a very prolix prayer however, in short, she is claiming her transfer to the mother school.

(2.) The entire case of the petitioner hinges on Clause-5 of Chapter-H of the Government Resolution dtd. 1/4/2022, which reads as under:

(3.) Learned advocate Mr.Majmudar has submitted that the petitioner was appointed on 9/12/2004 as a Primary Teacher. By the order dtd. 9/5/2017, the petitioner had selected the option of working in the Upper Primary Sec. from the Lower Primary Sec. in the subject of Social Studies in Juna Nesda Primary School and thereafter, the petitioner was declared as surplus and she filed a writ petition being Special Civil Application No.9863 of 2019, which was disposed of by the order dtd. 1/9/2021 since the petitioners therein had resumed their choice of posting place. Accordingly, the petitioner had also resumed the posting place as per her selection at the Nava Nesda Para Primary School, Juna Nesda Pay Center, Taluka Deesa, pursuant to which the order dtd. 18/9/2021 passed by the competent authority ordering the petitioner to be transferred to the said school as per the over setup camp held in December, 2020. After the aforesaid writ petition was disposed of, one camp of surplus teachers was conducted in September, 2022. It is thus, submitted that the camp, which was conducted in September, 2022, the petitioner should have been given the benefit of Clause-5 of Chapter-H of the Government Resolution dtd. 1/4/2022 as the petitioner would be entitled for returning to the parent school. It is submitted that now the internal transfer camp is going to be held pursuant to the communication dtd. 15/10/2022 and the petitioner has filled-up online form however, no option to select the parent school has been displayed and hence, the respondents may be directed to accept her application.