R B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, with the following prayers:

(2.) THE brief facts of the case, as emerging from a perusal of the averments made in the petition, are that the petitioner, who was at the relevant period of time, serving as Senior Clerk at Ankleshwar, was transferred by the impugned order dated 2 -11 -1999, to Palanpur. According to the petitioner, Palanpur is at a distance of more than 400 Kms. from Ankleshwar and since, the transfer has been made in the academic term of the children of the petitioner, he is put to great hardship and, therefore, the impugned order deserves to be quashed and set aside.

(3.) MR .R.A.Patel, learned counsel for the petitioner, submits that even though the impugned transfer order has been issued under the pretext of administrative exigency, the said order has caused hardship to the petitioner, who has two daughters and one son, who were studying in College and School and, therefore, it is very difficult for the petitioner to move from one place to the other. It is further alleged that the transfer has been made on the basis of a vague letter written by someone else, whose interest is not being fulfilled by the petitioner and, therefore, the impugned order of transfer has not been passed on the ground of administrative exigency and is liable to be quashed and set aside.