C M OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has questioned the decision of the respondent, as communicated to him, vide notification of the respondent No. 1, dated, 15-10-1986, cancelling the promotion order of the petitioner issued by notification of the respondent No. 1, dated 10-7-1973, by filing this petition under Art. 226 of the Constitution of India.

(2.) A few material and relevant, facts giving rise to the petition be stated, at the outset, to appreciate the merits of the petition and the challenge against it.

(3.) The petitioner was, originally, appointed to the post of Junior Clerk in Irrigation Department of the State of Gujarat, on, 15-3-1952. Later on, he came to be promoted as Senior Clerk, in the year 1954. He was further promoted to the post of Senior Accounts Clerk in the year 1958. From 21st October, 1963, the services of the petitioner came to be placed under the District Panchayat. At the relevant time, the petitioner was on deputation in the District Panchayat. The Government of Gujarat, Panchayat and Health Department, had issued a circular dated 16th January, 1968 by which options were offered to the employees working on deputation in the District Panchayat for allocation of their services in the Panchayat under the provisions of Sec. 206 of the Gujarat Panehayats Act. Pursuant to the said resolution, the petitioner had tendered his option for allocation of his services with the District Panchayat, which was forwarded by the Executive Engineer, District Panchayat, Bhavnagar by letter dated 14-3-1968. He had, also, given an undertaking fulfilling the conditions of the recruitment rules for the post of Divisional Accountant in the District Panchayat.