SHETH BHIKHABHAI HIGH SCHOOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal, preferred under Clause 15 of the Letters Patent, arises from the order dated 24th October, 2008 made by the learned Single Judge in above Special Civil Application No. 8614 of 2008. By impugned order, the learned Single Judge has relegated the appellant writ-petitioner to the Gujarat Higher Secondary School Services Tribunal in the proceeding taken out by the respondent no. 4 before the said Tribunal.

(2.) THE appellant-Sheth Bhikhabhai High School is a non-Government, Grant-in-Aid secondary school. The respondent no. 4 was earlier employed as a Steno Instructor at Ranjan Higher Secondary School, Bapunagar, Ahmedabad. In the year 1999, the respondent no. 4 was rendered "surplus" in the said school at Bapunagar, Ahmedabad. Under the prevalent scheme of the State Government, the service of the respondent no. 4 was protected. He was accommodated in the appellant-School as a senior clerk. Since the year 1999, the respondent no. 4 continued to serve as senior clerk in the appellant-school. It appears that in the year 2008 or thereabout, a post of senior clerk in the respondent no. 5-Smt. R. G Patel Girls Secondary and Smt. S. B Patel Girls Higher Secondary School at Gandhinagar fell vacant. The said school at Gandhinagar was ready and willing to appoint respondent no. 4 as senior clerk. On 19th March, 2008, the said school at Gandhinagar gave consent in respect of employment of the respondent no. 4 as senior clerk. On the strength of the said consent on 25th March, 2008 the respondent no. 4 approached the District Education Officer, Gandhinagar to accommodate the respondent no. 4 in the respondent no. 5-school at Gandhinagar. The respondent no. 4 also gave intimation of his willingness to join the respondent no. 5-school to the appellant-school on 26th March, 2008. Pursuant to his application made on 25th March, 2008, by order made on 9th April, 2008, the District Education Officer allotted the respondent no. 4 to the respondent no. 5-school on conditions mentioned in the order. We are informed that pursuant to the said order, the respondent no. 4 has joined the service in respondent no. 5-school.

(3.) FEELING aggrieved, the appellant has approached this Court to challenge the above referred order dated 9th March, 2008. According to the appellant, without the consent of the appellant, the respondent no. 4 has been allotted to the respondent no. 5-school, leaving the appellant-school without a senior clerk. It is now more than a year that the appellant has to function without the senior clerk.