K S JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Art. 226 of the Constitution of India by three teachers who are working with Nagar Palika Primary School, Jetpur to challenge the order passed on 11.2.1985 by the Administrative Officer of Nagar Palika Education Committe, Jetpur (hereinafter referred to as the Committee).

(2.) Petitioner No.1 Krishnaprasad S.Joshi was appointed as a primary teacher in the old District Local Board on 22.6.1957. He was placed at Navda School, Taluka Vanthali District Junagadh from 1968 to 1973. It is further his case that on 1.1.1975 he was transferred from Junagadh at district to Rajkot district and then he was placed at the disposal of Nagar Palika Primary School, Jetpur on 11.4.1983 and was working there since then.

(3.) It is their further claim that the respondent No.2 has issued an order dated 11.2.1985 and according to them, said order in effect going to revert the petitioner from the post of Headmaster to the post of Assistant Teachers. It is further contended that said action of reverting them is illegal and unjust and is in breach of Arts. 14 and 16 of the Constitution of India. They further contended that the petitioners were promoted as headmasters in 1983 and they were getting Rs. 20/-p.m. as allowance and by effecting the impugned order, they would be deprived of the said allowance and thereby they would be put to loss. They have further averred that 4 persons at Sr. Nos. 1,5,6 and 7 in the order dated 11.2.1985 have refused to accept the post of Headmaster and yet they have been forced to take up the said post by the impugned order. They have therefore, sought for quashing the said order dated 11.2.1985 issued by the respondent No.2.