PATEL ASHVINBHAI HATHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. R.D.Kinariwala appearing for the petitioner, learned advocate Mr. R.B. Thakor appearing for respondent no.4, learned advocate Mr. Manish Patel appearing for respondent no.3 and learned AGP Mr. Rohan Yagnik appearing on behalf of respondents no. 1 and 2.

(2.) Perused the record. The petitioner herein has prayed for mandamus or any other appropriate writ order or direction to quash and set aside order dated 16th September, 2016 whereby respondents no. 3 and 4 have denied the benefit of inter-district transfer to the petitioner from Banaskantha district to Sabarkantha district. He has further prayed for declaration that benefit of inter-district transfer cannot be denied to the petitioner merely because in the past, he availed benefit of inter-district transfer and to further direct the respondent to consider the case of the petitioner for such inter-district transfer from Banaskantha district to Sabarkantha district. Petitioner has also prayed for interim relief to direct the respondent to transfer the petitioner from Banaskantha district to Sabarkantha district, pending admission, hearing and final disposal of this petition or to keep one post vacant in Sabarkantha district.

(3.) It is undisputed fact that the petitioner is serving as a Primary Teacher in Banaskantha District since 1997. It is also undisputed fact that he joined the services as such in the year 1992 in Amreli District and he has been transferred to Banaskantha District on his request of inter-district transfer.