VINODKUMAR LEBAJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions under Article 226 of the Constitution of India are filed by primary teachers aggrieved by their orders of transfer on being declared as surplus. It is their case that before holding surplus camps for transfer, option camps as provided in the Government Resolutions from time to time be held so as to accommodate them in upper primary Sec. within the same school and/or local pay centers rather than declare them as surplus and send them out from the schools in which they were discharging their duties.

(2.) All these petitions were heard together. However, facts of each petition in brief are as under: SCA 15537 of 2020

(3.) The petitioner no.1 is aggrieved by the action of the respondent of not absorbing him in the upper division of the primary sec. in the same school whereas, the petitioner no.2 is aggrieved by the action of the respondents declaring her as surplus in the lower division. The petitioner no.1 after having passed 10th and 12th standard, holds PTC degree. He was appointed as a Vidhya Sahayak on 4/12/1998 and thereafter, absorbed as a Primary Teacher. He also holds the qualification of Bachelor of Arts after undergoing the course through distance learning in Dr.Babasaheb Ambedkar University. The petitioner no.2 also holds PTC and was appointed as Vidhya Sahayak on 6/2/2002. Since her husband is posted somewhere at Sajoi Primary School, she was transferred to the school where her husband was posted. She has completed five years as Vidhya Sahayak. It is her case that if the resolutions of the Government with regard to the policy of absorption of the teacher in the upper primary division and the transfer policy are properly interpreted, the petitioner would not be declared as surplus inasmuch as, once the petitioner no.1 is absorbed in a post vacant in the upper division in the same school, the petitioner no.2 would not be declared as surplus and she would be retained in the lower division. SCA 15539 of 2020