THAKOR PRIYANKABEN KISHORSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned AGP appearing for respondent State, Mr. H.S. Munshaw, learned advocate appearing for respondent no. 3, Mr. Rutvij Bhatt, learned advocate appearing for respondent no. 4 waive service of notice of rule. Though served none appears for respondent no. 5.

(2.) This petition has been filed for quashing and setting aside the order dtd. 31/8/2019 by which the mutual transfer which was granted in favour of the petitioner has been cancelled.

(3.) Facts in brief would indicate that the petitioner was appointed as Vidyasahayak at Gubadiya Primary School, Dang. She joined on 30/4/2010. Her service record indicates that lastly she was appointed and posted as a teacher in the subject of Gujarati and posted at Ruipada Primary School, Ta. Subir, Dang district by order dtd. 11/1/2019. Being a native of Valsad, she applied for mutual inter-district transfer from Dang to Valsad viz-a-viz one Surekhaben Gamit who was serving at Virakshet Primary School, Kaprada Ta., Valsad whose matrimonial home also was in Dang. 3.1. The Director of Primary Education on 10/6/2019 approved the transfer application and the respondents District Primary Education Officers of Dang and Valsad accepted such an application as a result of which the petitioner was transferred from Ruipada Primary School Dang to Valsad and the respondent no. 5 in turn was transferred from Valsad to Dang. Both the petitioner and respondent no. 5 were relieved by the orders of 24/6/2019 and the petitioner joined at Valsad on 25/6/2019. 3.2. By the impugned order of 31/8/2019, the orders of mutual transfer were cancelled. Reading the order dtd. 31/8/2019 would indicate that the ground on which the orders of mutual transfer were cancelled is that the respondent no. 5 had her native at Tapi and therefore it was only on the information tendered by her i.e. Aadhar Card that the application was considered and she was posted at Dang which could not have been done and therefore the order was cancelled. This order is assailed in the petition.