LAWS(SC)-1994-11-44

STATE OF GUJARAT Vs. C G RAIYANI

Decided On November 21, 1994
STATE OF GUJARAT Appellant
V/S
C G Raiyani Respondents

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The admitted facts are that the respondent was appointed on ad hoc basis on 20/5/1969 as a Junior Engineer in Junagadh District Panchayat. Thereafter the Panchayat Services Selection Board was constituted to recruit the candidates for regular appointment. The Board selected and recommended the candidates for regular appointment among whom the respondent was one of the selected candidates. As per the provisional seniority list, the respondent was considered for temporary promotion to thepost of Deputy Executive Engineer and was appointed on 6/3/1978. Thereafter it would appear that the service of the person working in the Panchayats has been provisionalised and the common seniority list was prepared of the employees belonging to the State service as well as the Panchayat Departments. Therein, the respondent's name had figured at Serial No. 69. After issuing show-cause notice to all the persons and after considering their objections, the government in their proceedings dated 10/11/1981, Annx. 47, determined the inter se seniority. Therein the respondent's seniority was shown at Serial No. 109. After finalisation of the inter se seniority, he was reverted as Junior Engineer on 4/1/1982. The respondent challenged the demotion by filing a suit. The suit was decreed and on appeal, it was confirmed. S. A. No. 81/86 dated 2/9/1983 was dismissed. Thus this appeal by special leave.