JIGISHABEN RAMESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed seeking quashing and setting aside the order dtd. 28/11/2020, whereby the petitioner has been declared surplus and further a direction is sought on the respondents to absorb the petitioner in the upper primary sec. in respondent no.5-School.

(2.) The petitioner was appointed as Vidhya Sahayak on 23/4/2010 in primary school at Nani Lacheli, Pay Center, Simalia Khurd, Taluka Dahod. After completion of satisfactory service of five years, she was given regular pay-scale. After the appointment, the petitioner pursued her study in Bachelor of Arts (B.A.)and cleared the B.A. examination with 59.16% with subject of Social Studies in the year 2018. The respondent, in view of the policy of the State Government prepared a list of surplus teachers on 31/8/2020. Pursuant to the said circular, the Taluka Primary Education Officer, Dhanpur prepared a setup for the lower division and published the same, wherein it is stated that as on 31/8/2020, the setup is of 5 teachers, whereas at present 8 teachers are working and therefore, 3 teachers are surplus. Even the setup for the upper division of primary teachers is also prepared, wherein one post of teacher of S.S. subject is shown vacant. In the present case, the petitioner has been declared surplus by order dtd. 28/11/2020 though there is vacancy of her subject in the Upper Primary Sec. in the same school. The petitioner immediately made a representation on 4/12/2020 and requested to stay the order.

(3.) During the pendency of the petition, the respondent authority treating the petitioner as qualified passed an order dtd. 8/5/2021 transferring and posting her in 6 to 8 division in LF Primary School, Pay Centre. The said order was subsequently cancelled by the order dtd. 13/5/2021 passed by the District Primary Education Officer and the cancellation was made subject to result of the present writ petition as well as any subsequent resolution or rules introduced by the State Government.