IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 7638 of 2016 In SPECIAL CIVIL APPLICATION NO. 9639 of 2016 With CIVIL APPLICATION NO. 12051 of 2016 In SPECIAL CIVIL APPLICATION NO. 9639 of 2016
MAKWANA PRABHABEN NARSINHBHAI & 3....Applicant(s) Versus STATE OF GUJARAT & 4....Respondent(s)
MR SANDIP M PATEL, ADVOCATE for the Applicant(s) No. 1 - 4
MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1 - 4
GOVERNMENT PLEADER for the Respondent(s) No. 1 - 2
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 3 - 4
NABIL O BLOCH, ADVOCATE for the Respondent(s) No. 5
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 30/11/2016
1. This Civil Application is preferred by the applicants, who are the original petitioners, seeking to quash the communication dated 05.08.2016. The applicants are the petitioners who challenge the legality of the communication dated 04.06.2016 issued by the Office of the Director of Primary Education whereby primary teachers who are working in Government Primary Schools in undivided Districts are given option to be transferred to new districts, upon the bifurcation of the existing districts into newly formulated revenue districts. As some of the teachers being seriously prejudiced in wake of the policy of the Government contained in Government Resolution dated 23.05.2012, they preferred the above captioned petition along with other matters.
2. This Civil Application is preferred as during the pendencyof the petition, option camp came to be organised whereinvacant posts were sought to be allocated to the junior teachersas averred in this application. During the pendency of this, thecommunication dated 05.08.2016 is issued by the office of theDirector of Primary Education which has aggrieved thepetitioners which is meant for organising camp at Taluka level.Apprehending that applicant may not be in a position to ask foroption for vacant posts which are offered to the juniorsteachers, pursuant to the communication dated 04.06.2016,they have approached this Court with the following prayers.
“(A) Quash and set aside the communication dated 5.8.2016, AnnexureC to this application,
(B) Pending admission and final disposal of this application, the Honourable Court may be pleased to stay the said communication dated 5.8.2016, AnnexureC to this application, and
(C) Grant any other relief or pass any further order which the Honourable Court deems it just and proper in the facts and circumstances of the case.”
3. This Court notices that, while directing the State Authority to file reply in the main petition before the next date of hearing, this Court had, on 10.08.2016, passed the following order.
4. It is also to be noted that this Court while noticing the communication dated 14.07.2016 which relates to district of Ahmedabad has passed an order voluntarily for and on behalf of the State Government, wherein it had been stated by learned Assistant Government Pleader that in respect of all districts, similar decision is taken not to relieve any of the teachers. There surely is no such decision in writing placed on record before this Court along with the affidavit in reply to the
said Civil Application. No reply is filed to the main petition. Nothing emerges to indicate that any policy decision is taken along the line of communication dated 14.07.2016. Therefore, it is being clarified that this Court directed the authority to act as per decision reflected in the communication dated 14.07.2016 and based on the same, further directed not to relieve those teachers who are covered by the said communication.
5. In the said communication dated 14.07.2016, it is amply clear that teachers of newly formulated revenue districts on 07.07.2016, who have succeeded in getting their desired option of Ahmedabad district would not be relieved till the further instructions.
6. Let the authority concerned follow the same with the strict adherence to give effect to the order as contemplated in communication dated 14.07.2016.
7. With this Civil Application, Civil Application No.12051 of 2016 preferred by nearly four applicants would not survive as their cause is already addressed.
8. Both the Civil Applications are disposed of accordingly. Direct service is permitted.
CLICK HERE To download full detail