PATEL HIRALBEN PARSHOTTAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates Mr. K. B. Pujara, Mr. B. M. Mangukiya, Mr. A. R. Thacker, Mr. P. P. Majmudar, Mr. M. B. Parikh, Mr.Gaurav Chudasma, Ms Mamata Vyas, Mr. H. S. Vaghela, Ms. Vidhi Bhatt etc. for the petitioners in respective petitions and learned Government Pleader Ms. Manisha L. Shah with Mr.Rohan Yagnik, Mr.Janak Raval, Mr. Niraj Ashar and Mr. K. M. Antani, learned Assistant Government Pleaders for the Respondent/s. Perused the record of several petitions.

(2.) These are several petitions by several primary teachers of the state. All such petitioners have challenged the transfer order pursuant to transfer camp held on 06.04.2017. Irrespective of some minor differences regarding facts of all such petitioners with reference to their existing posting before and after transfer, pursuant to transfer camp dated 06.04.2017, the basic issue raised in such petitions is almost similar, wherein it is alleged and contended by all such petitioners that respondents have failed to comply with the conditions of Government Resolution dated 23.05.2012, 19.02.2014, 22.06.1992 and 18.01.2012 read with 22.09.2016. It is undisputed fact that such Government Resolution dated 23.05.2012 is with reference to the Rules for transfer of Vidhya Sahayaks, Primary Teachers and Upper Primary Teachers of the State and that such Government Resolution is confirming such transfer rules pursuant to statutory provisions in the form of Section 54 of the Gujarat Primary Education Act, 1947. Therefore, practically, conditions of such Government Resolution is having the force of statutory Rules. In view of such position, both sides have contended that such rules are to be strictly followed while issuing transfer orders. However, there are different views so far as interpretation, implementation and execution of such rules are concerned, which results into filing of several petitions by several teachers.

(3.) At this stage, it cannot be ignored that the total number of such teachers, who are covered by such rules are almost 2,00,000 in number and, therefore, even otherwise, during regular activity of transfer of such teachers, several issues would certainly be raised.