B N LAUVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) the petitioner has challenged the impugned transfer order dated 1st September 1993 on the ground that it is passed with some ulterior motive to accommodate the respondent no.3 by invoking extraordinary jurisdiction of this Court under Article 336 of the Constitution of India.

(2.) The short facts of the petition are that the petitioners was selected for Gujarat Administrative Service Class : I by the Gujarat Public Service Commission in 1991 and since then the petitioner is discharging his duties as Class : 1 office in the Government. It is submitted that vide notification dated 5th March 1993 annexure : A the petitioner has been promoted in Ex-cadre post of Deputy Chief Executive Office cum Deputy Commissioner Sardar Sarovar Rehabilitation Agency Gandhinagar in the pay scale of Rs. 3500 It is further submitted that by a notification dated 19th July 1993 the petitioner has been transferred to Health and Family Welfare Department in the Ex-cadre post of Director Central Medical Stores Organisation Gandhinagar vice respondent No. 3 Shri V. C. Trivedi who has been transferred and posted in place of the petitioner on the Ex-cadre post of Deputy Chief Office cum Deputy Commissioner Rehabilitation Sardar Sarovar Rehabilitation Agency Gandhinagar.

(3.) It is submitted that within the span of one half months again by a notification dated 1st September 1993 the petitioner has been again transferred from Gandhinagar Amreli in Agriculture Co-Operation and Rural Development Department on Ex-cadre post of Director District Rural Development Agency and respondent no.3 V.C. Trivedi has been posted in place of the petitioner. Hence this petition.