STATE OF GUJARAT Vs. C G DESAI

JUDGEMENT

(1.) This appeal by special leave by the State is directed against the judgment and order, dated November 24, 1970, of the High Court of Gujarat allowing a writ petition of (1) C. G. Desai, (2) B. L. Joshi, and (3) H. N. Shah filed under Article 226 of the Constitution. The material facts are not in dispute and may not be stated:

(2.) Respondents Nos 2 and 3 herein (original petitioners Nos. 2 and 3) were promoted as Deputy Engineers on July 8, 1957, and September 28, 1957, respectively. They continued to work in that capacity till December 3, 1959, when they, too like Respondent No. 1, were directly recruited as Deputy Engineers in Class II Service as a result of the competitive examination held by the Public Service Commission. On Completion of their probationary period of two years, they were confirmed as Deputy Engineers on December 3, 1961. In their case, also, the Government did not count their pre-selection service from July 8, 1957 to December 3, 1959 for computing their eligibility service, for further promotion; and, in consequence, they were also not considered eligible for selection at the time of the preparation of the select-lists of 1961, 1963 and for the subsequent years upto 1966. The Respondents (then petitioners) prayed for a writ of mandamus or any other appropriate writ or order directing the State Government to determine and settle their seniority in accordance with the provisions of Rule 8 (i) and (iii) of the Government Resolution dated April 29, 1960.

(3.) The main ground taken in the petition before the High Court, was, that the action of the Government in excluding from computation the service rendered by the Respondents as officiating Deputy Engineers prior to their selection as Deputy Engineers Class II Service, was violative of Article 16 of the Constitution of India. The contention was that the rule of eligibility for promotion had not been uniformly applied to all Deputy Engineers inasmuch as in the case of person who were recruited to Class II by promotion, their pre-selection service as Officiating or Temporary Deputy Engineers was computed towards their eligibility service but the same treatment was denied to Deputy Engineers directly recruited.