STATE OF GUJARAT Vs. ALTAFBHAI IBRAHIMBHAI TANK

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Mamta Vyas, learned advocate for the respondent no. 1 employee waives service of notice of rule.

(2.) This petition, under Article 226 of the Constitution of India, challenges the order dtd. 5/5/2017 passed by the Gujarat Education Service Tribunal, Ahmedabad in Application No. 42 of 2016 and Miscellaneous Application No. 32 of 2016 as well as the order dtd. 30/11/2018 passed in Execution Application No. 18 of 2017 in Application No. 42 of 2016.

(3.) The facts in brief indicate that the respondent Altafbhai Ibrahimbhai Tank (hereinafter referred to as 'the respondent') was appointed as a Junior Clerk on 7/10/1988 at respondent no. 3 school run by the respondent no. 2 Trust. Due to class reduction, by an order dtd. 1/6/2015, the respondent along with other staff members was declared as surplus. The District Education Officer (DEO), by an order dtd. 23/7/2015, ordered that the respondent be posted at Vidyamandir High School, Gondal as Junior Clerk. It appears that the respondent was not permitted to resume his duties at the said school as there was no requirement of a clerk according to the school. The respondent therefore requested the DEO that since he was not being allowed to resume at the school where he was posted by being declared as surplus consequential action be taken.