NALINKUMAR NATWARLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Ramnandan Singh learned advocate for the petitioner, Ms.Surbhi Bhati learned AGP for the respondent-State and Mr.Manish J. Patel learned advocate for the respondent no.2.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(3.) Mr.Ramnandan Singh learned advocate for the petitioner would submit that the petitioner was appointed as a Vidhya Sahayak on 10/5/2005. He would draw the attention of the Court to the appointment order (page 27), wherein, the petitioner was appointed at Maninagar Narmada Vasahat Primary School, District:Vadodara. The petitioner was thereafter transferred by an order dtd. 29/8/2012 to Mamroli Primary School, Prantij. Mr.Ramnandan Singh would submit that on 26/7/2019 the school at Mamroli was closed. In support thereto, he would rely on the document at page 54. He would submit that a list of surplus teachers was drawn on 21/11/2020 wherein the petitioner along with the respondent no.3 was shown as one of the teachers to be called at the camp. A list of schools was published on 25/11/2020 wherein only schools of Prantij-1 was shown and not of Prantij-2. Applications were made by the petitioner (page 89) dtd. 25/11/2020 and of the same date (page 93). In support of his submission, Mr.Ramnandan Singh would rely on the resolution dtd. 23/5/2012, especially sub-clauses (5) to (8) of Clause-Kh of the resolution. In short, Mr.Ramnandan Singh would submit that seniority ought to be respected and the petitioner ought to have been preferred for a transfer for a place closer to her first appointment and not the respondent no.3.