IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7658 of 1993 And Civil Application No. 575l of l996. For Approval and Signature: Hon'ble MISS JUSTICE R.M.DOSHIT ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involvsssses a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made tsssssssssssssssshereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- R I PATEL Versus COMMISSIONER FOR HIGHER EDUC. -------------------------------------------------------------- Appearance: MR BS SUPEHIA for Petitioner Mr. Gharania, Asstt. GP for Respondent No.l & 2. Respondent No. 3 served. -------------------------------------------------------------- CORAM : MISS JUSTICE R.M.DOSHIT Date of decision: 20/08/96 ORAL JUDGEMENT The petitioner Ashram Shala Adhikari has filed this petition against the impugned order of transfer dated 29th July l993 transferring the petitioner from Valsad to Bhensdhara. The only contention raised in the petitionis that thepetitioner was transferred from Shingaga to Valsad in the month of February, l993 and within five months, the impugned order of transfer has been made. 2. The Government has, now, filed above civil application NO. 575l of l996 and has prayed that since the petitioner has been serving at Valsad for more than three years, interim order made on the writ petition be vacated. It is apparent that the petitioner was transferred at Valsad on 8th February, l993 and he has been serving at Valsad under the impugned orders made by this Court for more than three years. The impugned order of 29th July, l996 cannot be permitted to be implemented now after more than three years. Said order is,s therefore, quashed and set aside. The petition is accordingly allowed. Rule is made absolute. It is, however, clarified that the respondents will be at liberty to transfer the petitioner herein at a suitable place. There shall be no order as to costs. 20.8.1996. ///// vyas