C/SCA/22000/2016 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 22000 of 2016 ================================================== PANDYA NILAMBEN DAHYABHAI Versus STATE OF GUJARAT & ORS. ================================================== Appearance: MR BHAVESH J PATEL(6801) for the Petitioner(s) No. 1 MR. RADHESH Y VYAS(7060) for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 MS. DEVANSHIBA D. RANA, AGP for the Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 3 RULE SERVED for the Respondent(s) No. 2,4,5 ================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 07/07/2025 ORAL ORDER [1] The petitioner is seeking for a direction to the respondents to declare that she is entitled to and eligible for transfer to Vadodara District as per the Government Resolution dated 23.05.2012. [2] It is the case of the petitioner that her husband, namely Mr. Vipulkumar Balkrushna Bhatt was serving in the Anand District Panchayat as an Assistant Teacher and the petitioner had therefore applied for a mutual transfer to Anand District Panchayat from Panchmahals District Panchayat, which was granted to her on 15.06.2005. Page 1 of 3 C/SCA/22000/2016 ORDER DATED: 07/07/2025 [3] It is, however, her case that her husband had requested for an inter-district transfer from Anand District Panchayat to Vadodara District Panchayat, which was granted on 05.07.2011 and it is, therefore, her contention that by virtue of being a couple, she is also entitled to be transferred to Vadodara District Panchayat. [4] The respondents, however, have refuted this request on the ground that the petitioner has already availed of mutual transfer once as per the Government Resolution dated 23.05.2012 and this Government Resolution restricts the benefit of a mutual transfer, i.e., a mutual inter-district transfer only once in the career of an employee and since the petitioner has availed this benefit in the year 2005, she cannot be said to fall under the couple category and seek for second inter-district transfer. [5] The intent of the Government Resolution dated 23.05.2012 is clear that an employee is given the benefit of inter-district transfer only once during his or her career. Merely because a transfer is obtained under one category, that would not enable that candidate to seek for a second inter-district transfer on another category, i.e., as a couple category. If this argument of the petitioner is accepted, it would basically amount to a clear contravention of the single entitlement under the Government Resolution dated 23.05.2012 and C/SCA/22000/2016 ORDER DATED: 07/07/2025 this cannot be obviously permitted. The very purpose of granting an inter-district transfer once in a career is to ensure that employees do not seek for regular transfers to one district to the other as a matter of course. [6] In the instant case, the petitioner took the benefit of an inter- district transfer to be along with her husband at Anand District Panchayat and since her husband has sought for an inter-district transfer to Vadodara, she cannot tag along by taking recourse to the couple category under the Government Resolution dated 23.05.2012. Furthermore, having regard to the fact that the petitioner has been working in Anand District Panchayat for the past 9 years, in the absence of any interim order and, taking into consideration that petitioner is on the verge of her retirement, there is no justification to entertain this writ petition at this point of time. [7] Writ Petition, therefore, dismissed. Rule is discharged. Interim relief, if any granted earlier, stands vacated. (NSSG, J.) DHARMENDRA KUMAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 08/07/2025 17:30:34