MUNDALAKAL S SEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for an appropriate writ, order or direction declaring the action of the respondents withholding of increments of the petitioners as illegal, void and by permanently restraining the Government from withholding an increment on the ground that the petitioners have not passed Gujarati language examination.

(2.) The petitioners were serving in Forest Department. They had not passed the examination prescribed under the Government Servants (Lower and Higher Standard) Gujarati Language Examination Rules, 1970. The rules were framed in exercise of proviso to Article 309 of the Constitution of India. Thus, the rules are statutory in nature. Under the provisions of the said rules, all the Gazetted as well as Non-gazetted government servants except Class IV employees whose mother tongue was not Gujarati were required to pass examination. Since the petitioners had not passed the said examination, increment was withheld. The said action was challenged in the petition. It was contended that the provisions of Rule 5 of the Rules are ultra vires and unconstitutional.

(3.) At the time of hearing of the petition, Rule was issued and ad-interim relief was also granted on certain terms and conditions. When the matter was called out for final hearing, attention of the Court was invited that another petition bearing Special Civil Application No.2340 of 1985 was also ordered to be heard along with this petition. The court had adjourned the matter with a view to ascertain as to what had happened to that petition.