R XAVIER Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
STATE OF GUJARAT
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(1.) Rule. Mr.Himanshu K.Patel, learned Assistant Government Pleader, waives service of notice of Rule for respondent No.1 and Ms.P.J.Davawala, learned advocate, waives service of notice of Rule for respondents No.2. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided, finally.
(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the issuance of a Writ of Mandamus or any other appropriate Writ or direction, quashing and setting aside the impugned order dated 29.07.2013, passed by respondent No.2Gujarat Agro Industries Corporation Limited ("the Corporation"), whereby the representation of the petitioner against his transfer, vide order dated 02.04.2012, has been rejected.
(3.) The brief facts of the case are that pursuant to an advertisement dated 08.08.1993 issued by the Corporation, the petitioner applied and was appointed to the post of Technician (Aviation) in the Special Cadre, in the respondentCorporation on certain terms and conditions, as mentioned in the appointment order dated 11.03.1994. According to the petitioner, the respondentCorporation was the Nodal Agency for aviationrelated activities within the State of Gujarat. Hence, it followed that the post to which the petitioner was appointed was created, keeping in mind the increase in aviation activities in the State and to satisfy the need of technically qualified persons in the maintenance section, so as to keep the various aircrafts in an airworthy condition. According to the petitioner, he was originally recruited solely due to his knowledge and skill in aviationrelated matters. His services were also sought by the Aviation Division of the Corporation to work. The petitioner was promoted to the post of Assistant Manager (General) by an order dated 25.01.2005, which post was administrative in nature. On 08.10.2010, in view of the order passed by the Labour Court regarding a penalty imposed upon him pursuant to a departmental inquiry (which has no bearing in the present petition), the petitioner was transferred to the Aviation Division of the Corporation, where he remained till the impugned order dated 02.04.2012, was passed, whereby the petitioner was transferred to the Agro Service Centre, Jamnagar, as Assistant Manager (General). Aggrieved by the order dated 02.04.2012, the petitioner had earlier filed a petition, being Special Civil Application No.16724 of 2012. By an order dated 25.06.2013, this Court permitted the petitioner to make a representation to the Corporation, directing it to be decided within the period of time stipulated in the said order. The said petition was disposed of without entering into the merits of the case and by reserving liberty to the petitioner to approach the Court in case an adverse order was passed against him. The petitioner made a representation to the respondentCorporation on 29.06.2013. This representation has been rejected by the impugned order dated 29.07.2013, giving rise to the filing of the present petition.;
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