BARIYA ILABEN SURTHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing and setting aside order dated 2nd January,2009 and relieving order dated 7th January,2009, transferring the petitioner from Toran Faliya Varg Primary School, Taluka: Khanpur, District: Panchmahal to Kankri Mahudi Primary School, Taluka: Kadana, District: Panchmahal.

(2.) MR. U. M. SHASTRI, learned advocate for respondent No. 3, under the instructions from In-charge District Primary Education Officer, Godhara, has submitted that in the peculiar facts and circumstances, the petitioner may be directed to make a representation to respondent No. 3 - District Primary Education Officer / In-charge District Primary Education Officer within a period of two weeks from today and respondent No. 3 shall consider the same in its true spirit and considering the averments made in the petition and in view of the difficulties pointed out in the present petition. It is further submitted that at present, post at Toran Faliya Varg Primary School is vacant, meaning thereby, nobody is transferred in place of the petitioner.

(3.) UNDER the circumstances, the petitioner shall make a detailed representation to respondent No. 3 within a period of three weeks from today, pointing out her difficulties and alternative places, where she can be accommodated on transfer. As and when such a representation is made, respondent No. 3 shall consider the same in its true spirit and objectively considering the difficulties pointed out in the present petition and which may be pointed out in the representation and respondent No. 3 shall take appropriate decision within a period of six weeks from thereafter. Till then, the petitioner be allowed to discharge her duty at Toran Faliya Varg Primary School and to draw her salary from the said School. The aforesaid would be in the peculiar facts and circumstances of the case and the difficulties pointed out by the petitioner being a lady. Until the appropriate decision is taken by respondent no. 3, the impugned order is kept in abeyance. As and when appropriate decision is taken by respondent No. 3 as aforesaid, the same will be substituted in place of impugned order.