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Judgment
Biren Vaishnav, J
The short issue in the context of the prayer in the petition is the protection of the seniority of the petitioners who were appointed as Higher Secondary Teachers.
In the petition, the grievance of the petitioners was that pursuant to online application in response to an advertisement, the petitioner Nos.1 to 4 were appointed in the respective schools on 27.6.2017, 19.7.2017, 14.7.2017 and 27.6.2017 respectively as under:
Sr. No
Name
District
Name of the School
1.
Thakkar Pankajkumar Jagdishbhai
Gir Somnath
Fatsar Uchchtar Madhyamik Shala, Fatsar, Taluka: Gir Gadhda, District Somnath.
2.
Patel Pravinkumar Shivrambhai
Arvalli
Thakorshri Goplasinhji, Shreyas Vidhayala, Village Vadgam, Taluka Dhansura, District Arvalli.
3.
Rohit Kalpeshkumar Govindbhai
Ahmedabad
AK Vidhyamandir, Bavlam District, Ahmedabad.
4.
Chaudhari Shitalben Pathubhai
Arvalli
Shri HL Patel Saraswati Vidhayala, Modasa, District Arvalli.
The grievance of the petitioners at the relevant point of time was that though such appointment orders were issued, they were not allowed to resume their duties.
Mr.Subramaniam Iyer, learned counsel for the petitioners states that the petitioners, 4 in number, pending petition have been posted at Patan on 4.8.2018 (petitioner No.1), Deesa on 7.8.2018 (petitioner No.2) Jaspor on 14.8.2018 (petitioner No.3) and on 13.8.2018 (petitioner No.4.). The only surviving grievance of the petitioners, therefore, would be the question of notional seniority from their initial date of appointment to the date of their subsequent posting. It is the case of the petitioners that they could not resume their duties because of no fault on their part and it was because the respondents did not permit them to resume their duties that they have lost primarily a year before they could be posted.
Considering the request of the petitioners for having their seniority being protected from their notional date of appointment in the year 2017 to their actual date of posting in the year 2018, the respondent shall consider this petition as a representation and shall decide whether the petitioners are entitled to the benefits of being given notional seniority from the date of their initial appointment to the date of their posting, particularly, when it is their case that they could not resume their duties for no fault on their part. The respondent shall decide the issue involved in the petition in accordance with law within a period of four weeks from the date of receipt of writ of this order.
With the aforesaid, this petition stands disposed of. Notice is discharged.