JIGNESHKUMAR CHIMANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are the persons who re possessing qualification of S.S.C. and P.T.C. and their names appeared in the merit list at serial Nos. 2 and 3. The petitioners had earlier approached this Court by filing a Special Civil Application No. 7859 of 1998 and the said Special Civil Application came to be disposed of along with Special Civil Application No. 5218 of 1998, wherein directions were issued by this Court for constitution of a Vidya Sahayak Committee, which came to be constituted by a Resolution dated 31-8-1998.

(2.) It is the case of the petitioners that the petitioners were called for the interview which were scheduled to be held on 21-4-1999 in the office of the District Primary Education Officer at Himatnagar. At the relevant time an undertaking was taken from the petitioners that the petitioners would forgo the claim to the post of Assistant Teachers and that they will be placed in the post of Vidya Sahayak with a consolidated salary of Rs. 2500/-. The petitioners had given an undertaking to that effect. It is the case of the petitioners that thereafter, the whole process of appointing the persons to the post of Vidya Sahayaks came to be cancelled by the respondent authorities on account of financial crisis of the State Govt. and subsequently instead of Vidya Sahayak, another scheme of Balguru came to be introduced. It is the case of the petitioners that the authorities have issued orders of appointing the persons who are below the petitioners in the merit list. The petitioners made several attempts to convince the authorities about their legitimate claim, but the petitioners have not received any satisfactory reply. Recently, the petitioners came to know that the authorities have issued a new advertisement inviting applications for the same posts. It is the case of the petitioners that if a new list is prepared, the petitioners' cause would get frustrated. Hence the petitioners have approached this Court by way of this petition praying for the relief to the effect that the Court shall hold and declare that the petitioners are entitled to get appointment orders as they were selected and their names had appeared in the merit list (a copy of which is produced at Annexure 'A'), at serial Nos. 2 and 3 respectively. It is also prayed that a direction be issued to the respondents to consider the case of the petitioners and a further direction to the respondents to issue orders of appointment in favour of the petitioners with the benefits of seniority from the date their juniors were appointed along with the benefits of pay fixation and similar other monetary benefits including the payment of salary from the date their juniors are given appointment.

(3.) This Court issued notice on 15-6-1999 and thereafter on 20-7-1999, rule was issued. At the time of issuing rule, the Court observed as under :