IQBALHUSEN ADAMBHAI PATEL Vs. DISTRICT EDUCATION OFFICER BHARUCH

JUDGEMENT

(1.) In both the matters a common question relating to Government Resolution issued by the State of Gujarat in its Education Department on 30th July. 1977 (hereinafter referred to as the impugned Resolution) is involved. The petitioners were Teachers under the Erstwhile District School Board. That came to be dissolved after application of Gujarat Panchayats Act, 1961 under Sec. 155 thereof, the effective date being 1-4-1963. I am not much concerned with it except for the provisions contained in Sec. 155(l)(b) and (e) including two of the provisions of the last mentioned clause (e) read with it of course, will be the provision of Sec. 203 of the Panchayat Act and Sec. 323 whereby general rule making power is provided. Section 203 refers to provisions relating to service, particularly for regulating the services of employees. There are provisions made in that Chapter and there references are made to sub-sec. (3) of Sec. 5.

(2.) Section 203(2) has a provision whereby different classes of Panchayat Services could be specified as forming different cadres, may be with reference to District or Taluka. So far as the Primary Teachers are concerned, orders under sub-sec. (2) of Sec. 203 have been issued whereby the Primary Teachers have been included in the list of District Cadre of a given District Panchayat and that order is dated 30-7-1977 where there is a mention of earlier order of 1967. This order is reproduced in compilation of Rules. Vol. 10 at page 86 and in the Scheduled at page 89 under the heading Medical, Public Health and Ayurved. At Serial No. 43 Primary Teachers are shown to be included in the District Cadre which forms part 1 of the said Schedule.

(3.) The petitioners were Primary Teachers working in Baroda District at the relevant time till they came to be transferred to Bharuch. These orders came to be passed starting with the year 1970 ending with the year 1975. The transfer orders of none of these petitioner-Teachers had a condition attached to it with reference to the seniority in the District to which they were transferred.