Case Note & Summary
The petitioner, Aziz Musabhai Bandi, was appointed as a Civil Engineer on a contractual basis under Sarva Shiksha Abhiyan on 4.2.2010. He was posted at various places over the years, and upon completion of each contract, a new contract was offered at a different district. The petitioner had served in various districts. On 31.12.2025, the State Project Engineer passed an order offering the petitioner a new contract as TRP, Padra, Dist. Vadodara, instead of his earlier place of working as TRP, Mahemdabad. Subsequently, on 21.1.2026, the petitioner was relieved from Mahemdabad, Kheda zone by respondent No.3. The petitioner challenged both orders by way of a Special Civil Application under Article 226 of the Constitution of India. The petitioner's counsel, Mr. Ashutosh Dave, submitted that although transfer is an incident of service, the peculiar facts of the case warranted entertainment of the petition. He argued that the petitioner had been transferred repeatedly and that this practice must end at some point. He also relied on the terms of the initial contract from 2010, which did not state anything about the nature of the job being transferable. The court, after hearing the submissions, held that transfer is an incident of service and that the petitioner, being a contractual employee, cannot claim posting at a particular place. The court found no merit in the petition and dismissed it. The court did not interfere with the impugned orders.
Headnote
A) Service Law - Transfer - Contractual Employee - Transfer is an incident of service - Petitioner, a Civil Engineer on contractual basis under Sarva Shiksha Abhiyan, challenged order transferring him to Padra, Vadodara upon completion of his contract at Mahemdabad - Court held that transfer is an incident of service and petitioner cannot claim posting at a particular place - Petition dismissed (Paras 1-4).
Issue of Consideration
Whether a contractual employee under Sarva Shiksha Abhiyan can challenge a transfer order and claim posting at a particular place.
Final Decision
The petition is dismissed. The impugned orders are not interfered with.
Law Points
- Transfer is an incident of service
- Contractual employee cannot claim posting at a particular place
- No right to choose place of posting
Case Details
2026 LawText (GUJ) (03) 522
R/Special Civil Application No.3192 of 2026
Mr. Ashutosh S. Dave for the Petitioner, Ms. Kinjal Vyas, AGP for the Respondents
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Nature of Litigation
Challenge to transfer order of a contractual employee under Sarva Shiksha Abhiyan.
Remedy Sought
Quashing of order dated 31.12.2025 offering new contract at Padra, Vadodara and order dated 21.1.2026 relieving petitioner from Mahemdabad, and direction to offer new contract at Mahemdabad.
Filing Reason
Petitioner was offered a new contract at a different place (Padra) instead of his earlier place (Mahemdabad) upon completion of his old contract.
Issues
Whether a contractual employee can challenge a transfer order and claim posting at a particular place.
Submissions/Arguments
Petitioner's counsel submitted that transfer is an incident of service but looking to peculiar facts, petition should be entertained. Petitioner was appointed on 4.2.2010 and posted at various places; every time new contract was offered at different district. This must end at some day. Terms of initial contract do not state anything about transferable nature of job.
Respondent's submissions not mentioned.
Ratio Decidendi
Transfer is an incident of service. A contractual employee cannot claim posting at a particular place. The petitioner, being a contractual employee, has no right to choose his place of posting.
Judgment Excerpts
At the outset, learned advocate Mr. Ashutosh Dave appearing for the petitioner submitted that though it is a well settled law that transfer is an incident of service, looking to the peculiar facts of the case, the present petition is required to be entertained.
I have heard learned advocates for the parties. I have also perused the documents placed on record. Considering the fact that the petitioner is a contractual employee and transfer is an incident of service, the petitioner cannot claim posting at a particular place. Hence, no case is made out. The petition is dismissed.
Procedural History
The petitioner filed Special Civil Application No.3192 of 2026 before the High Court of Gujarat challenging the order dated 31.12.2025 offering new contract at Padra and order dated 21.1.2026 relieving him from Mahemdabad. The court heard the matter and dismissed the petition on 10.03.2026.
Acts & Sections
- Constitution of India: Article 226
