LAWS(GJH)-2023-7-1104

DISTRICT PRIMARY EDUCATION OFFICER Vs. JIGISHABEN RAMESHBHAI PATEL

Decided On July 28, 2023
DISTRICT PRIMARY EDUCATION OFFICER Appellant
V/S
Jigishaben Rameshbhai Patel Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. H. S. Munshaw for the appellants, learned advocate Ms. Vidhi Bhatt for respondent No.1 and learned Assistant Government Pleader Ms. Shruti Dhruve for respondent Nos. 2 and 3.

(2.) The present Letters Patent Appeal preferred by the appellants seeks to challenge the judgment and order dtd. 13/12/2022 of learned single Judge read with order dtd. 21/12/2022 passed upon a Note for speaking- to-minutes. By the said order dtd. 13/12/2022, the petition was allowed by directing the respondents to implement the order dtd. 8/5/2021 and in the alternative, the respondents are directed to act upon the option given by the petitioner in view of interim order dtd. 8/5/2021 passed in Civil Application No.1 of 2022 in the proceedings of the Special Civil Application No. 16740 of 2020.

(3.) The facts may be noted in order to have the total idea of the controversy. On 23/4/2010, the respondent herein-original petitioner was appointed as Vidhya Sahayak in Lower Primary Division (standards 1 to 5). She possessed the eligibility to teaching in the Upper Primary Division (standards 6 to 8) also. She was transferred to Lajodiya Varg Primary School, Taluka Dhanpur, on 23/6/2015.