PRAJAPATI ZANKHITKUMAR CHANDUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, preferred under clause 15 of Letters Patent, appellants-original petitioners have challenged the oral order dtd. 9/11/2022 passed by learned Single Judge, by which, the learned Single Judge has not entertained the petition filed by the present appellants seeking issuance of writ of mandamus to go back into their original Taluka i.e. Khedbrahma by way of intra district transfer, which is to be held as per the provisions of Transfer Rules dtd. 1/4/2022.

(2.) Short facts of the present case are as under:

(3.) Learned advocate Mr. Gaurav Chudasama appearing for the appellants would submit that the learned Single Judge has erred in rejecting the petition. He would further submit that while issuing the Resolution dtd. 1/4/2022, State Authorities have permitted intra district transfer on completion of five years services as Vidhyasahayak. By taking us through Clause-4 of Chapter-G of the said Resolution, he would submit that when the Government has decided to intra district transfer, the same shall be applied to intra taluka transfer and particularly when the appellants were originally appointed as Vidyasahayak in Khedbrahma Taluka. He would further submit that as per the latest instructions issued by the District Education Committee, Sabarkantha, the intra taluka transfer is permitted. By taking us through the instruction No.16 of District Education Committee, he would submit that on completion of ten years services, Vidhyasahayak can apply for intra taluka transfer. He, therefore, would submit that the appeal be admitted and the order passed by learned Single Judge be quashed and set aside and the appellants may be transferred from Poshina Taluka to Khedbrahma Taluka, where they are originally posted.