Disposed

Vaghela Linaben Rameshkumar v. Vinod R Rao (Ias), Secretary, Primary Education Department

Gujarat HC2 Sept 2022MCA/579/2022

Case brief

AI extract

What is this about?

The High Court of Gujarat closed contempt proceedings initiated against the respondent for willful disobedience of a transfer order. The respondent surrendered by undertaking to post the petitioner-complainant at the designated school immediately.

What did the court decide?

Contempt proceedings stood closed with complaintant granted liberty to revive the petition in event of any impediment.

Vaghela Linaben Rameshkumar Vs Vinod R Rao (Ias)… — Service and Employment | Gujarat HC (2022)

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C/MCA/579/2022 ORDER DATED: 02/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/MISC. CIVIL APPLICATION NO. 579 of 2022 In

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R/SPECIAL CIVIL APPLICATION NO. 1882 of 2021

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==========================================================

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VAGHELA LINABEN RAMESHKUMAR

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Versus

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VINOD R RAO (IAS), SECRETARY, PRIMARY EDUCATION DEPARTMENT

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==========================================================

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Appearance:

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MR NIKUL K SONI(5122) for the Applicant(s) No. 1 MR HS MUNSHAW(495) for the Opponent(s) No. 3 NOTICE SERVED for the Opponent(s) No. 1,2,4,5,6 MR KM ANTANI, AGP for opponent-State

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==========================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR

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and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 02/09/2022

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

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1. This contempt proceedings has been initiated for alleged

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willful disobedience of the order dated 8.12.2021 passed in Special Civil Application No.1882 of 2021, where-under following directions came to be issued:-

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Under the aforesaid circumstances, the present writ petition is being disposed of wit the following directions:-

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(1) The respondents to ensure that the petitioner gets an option to be transferred to Primary School at Village Sanjanasar, Nani Rajasthali Pay Centre, Taluka Palitana, District Bhavnagar during the next transfer camp.

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(2) The concerned teacher, who is now posted at Primary School at Village Sanjanasar shall also be given an option in the next transfer camp and considering that the said teacher is required to be re-transferred on account of no fault of the said

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Page 1 of 3

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C/MCA/579/2022 ORDER DATED: 02/09/2022

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teacher, the respondent shall endeavour to ensure that as far as possible, the teacher shall be posted at place of her choice.”

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2. Mr. H.S. Munshaw, learned counsel appearing for respondent No.3 has filed an affidavit along with three documents which are in vernacular language and it is stated thereunder that on account of Mr. Dhaneshkumar Chandulal Rathod having already been posted on 20.3.2021 at Sanjanasar and said person being blind, the extant policy of Government would prohibit transferring a blind person for a period of three years and as such, alternative remedy which the learned Single Judge himself has provided would be adhered to.

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3. At this juncture, Mr. Nikul K. Soni, learned counsel appearing for complainant, would submit that petitioner is ready and willing to report to primary school located at Thadach, Nani Rajasthani Pay Center, Taluka Palitana.

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4. Mr. H.S. Munshaw, learned counsel, on instructions submit that necessary orders posting the petitionercomplainant as teacher at Primary School, Thadach would be issued during the course of the day.

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Page 2 of 3

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C/MCA/579/2022 ORDER DATED: 02/09/2022

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5. In that view of the matter, placing his submission and undertaking on record, contempt proceedings stands CLOSED.

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Liberty is reserved to the complainant to revive this contempt petition in the event of there being any impediment for the petitioner reporting to the place at Thadach. Notice is discharged.

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Sd/(ARAVIND KUMAR,CJ)

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Sd/(ASHUTOSH J. SHASTRI, J)

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OMKAR

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Page 3 of 3

Vaghela Linaben Rameshkumar v. Vinod R Rao (Ias), Secretary, Primary Education Department

Case brief

What is this about?

What did the court decide?

Vaghela Linaben Rameshkumar v. Vinod R Rao (Ias), Secretary, Primary Education Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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