- (1.) The petitioner has approached this Court by way of this petition filed under Article 226 of Constitution of India with following prayers and amended prayers. (amendment in prayers carried out as per the Court's order dtd.22/09/2012.) (A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent authorities to consider the case of the petitioner sympathetically and decide the same as expeditiously as possible for transferring him at any school in Anand District. (A.A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dtd. 8/10/2012 passed by the resp. No.1 in the interest of justice. (B) Pending admission, hearing and final disposal of this Writ petition, Your Lordships may be pleased to direct the respondents to decide the case of the petitioner and transfer him to Vadgam, Tal. Khambhat, Dist., Anand; (C) Be pleased to pass such other and further relief as may be deemed just and proper by Your Lordships in the facts and circumstances of the case. Thus, what is essentially under challenge is the order dated 8th October, 2012 passed by respondent no.1, rejecting the proposal for transfer of the petitioner on account of ailment of his wife pleaded as a ground for seeking his transfer by holding that the said ailment is not covered under the Resolution of Education Department dated 23rd May, 2012 and hence, the request for transfer could not be accepted.
(2.) The facts as could be gathered from the memo of the petition deserve to be setout as under.
(3.) The petitioner was appointed as Vidhyasahayak on 2nd May, 2008 and was posted at respondent no.3 School i.e. at Abdasa, District Kutch. Since then, the petitioner is discharging his duties as Vidhyasahayak in the said school. The petitioner got married in the year 1995 and has three daughters and one son. The petitioner's wife is suffering from Tumor as it is mentioned in the memo of the petitioner in paragraph no.3. On account of the Tumor, she has developed distortion in the muscles of face and jaw and the jaw improvement has been adversely affected. This has resulted into adversely affecting her eye sight and hearing ability. She is virtually blind in one eye. The petitioner has to take tremendous trouble in treating his wife as the disease is deteriorating. The petitioner's condition is also becoming precarious. The petitioner's wife is staying at her native, which is at Anand District. The petitioner is serving at Kutch District. The petitioner has made an application for transfer to Anand District vide his application dated 16th June, 2012 and the respondent no.2 vide his letter dated 29th June, 2012 returned the application back to the petitioner on the ground that the disease of the petitioner's wife was not covered in the Resolution dated 23rd May, 2012. The petitioner, thereafter, putup one more application dated 5th July, 2012 along with necessary documents requesting respondent no.1 to appreciate his troubles and to consider his case as a special case and transfer him to Anand Taluka so he could look after his wife and children. One more application is submitted by petitioner on 18th July, 2012. The petitioner has pleaded in the petition that when the petition was filed, there were five vacancies in Vir Shahid Dushyantkumar Vasantlal Pathak Primary School, Vadgam, Taluka Khambhat, District Anand and the said request of the petitioner for transfer was rejected vide order dated 8th October, 2012, which is required to be quashed and set aside.;