JANAKRAI L CHHAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions are filed by the same petitioner and the questions raised in both of them are also inter-related. It is ,therefore, convenient to dispose of both the petitions by a common judgment.

(2.) SCA No. 5598 of 1989 is filed by the petitioner for quashing and setting aside the order dated 13th June, 1989 by which the petitioner was reverted from the post of Sanitary Inspector to the post of Vaccinator, and a consequential order, dated 21st June, 1989 and for a declaration that he was exempted from passing Sanitary Inspector's Examination and was entitled to promotion as Sanitary Inspector without passing such examination. A prayer is also made to direct the respondent authorities to promote the petitioner as Sanitary Inspector and to grant all consequential benefits including arrears of pay, seniority, etc.

(3.) SCA No. 3224 of 1992 is filed for a declaration that the respondent authorities were bound to consider the case of the petitioner for promotion as Sanitary Inspector as per criteria prescribed in accordance with Government Notification, dated 27th January, 1992 Annexure `A' and to quash and set aside the circular, dated 11/17th March, 1993 issued by the Government as illegal, ultra vires and violative of Fundamental Rights guaranteed under Articles 14 and 16 of the Constitution.