JANAKRAI K CHAVDA Vs. COMMISSIONER

JUDGEMENT

(1.) By this petition, under Article 226 of the Constitution of India, the petitioners have challenged the transfer orders passed by respondent No.1, Commissioner, Bhavnagar Municipal Corporation, in favour of respondent No.2, Suresh P. Patel by the order dated 13.5.88 and in favour of respondent No.3, Naval Mehta, by the order dated 31.3.86, from the office of the Sanitary Inspector in Health Branch to Shop Inspector in the Shop Inspector branch of the Corporation, at Bhavnagar, on the terms and conditions contained in the impugned orders as at, Annexure C, inter alia, contending that such transfers, ignoring the claim of the petitioners will, adversely, affect their legitimate claim for promotion.

(2.) Petitioner No.1, Mr Chavda, had been recruited as daily wager Junior Clerk on 6.2.1965 and was confirmed with effect from 5.3.70 as Junior Clerk. He has passed B.A. and Local Self Government Diploma (LSGD) examinations. He had been posted as Checker in the bus Traffic Department on 26.6.81, which according to him was of an independent charge. Thereafter, he was posted as Senior Clerk in the Bus Traffic Department on 5.8.83. Subsequently, he had been given independent charge of Octroi Inspector. The petitioner No.1, thereafter, came to be promoted as Senior Clerk in the pay scale of Rs.330-560 with effect from 11.5.87. The pay scale of Sanitary, Shop and Octroi Inspectors, is Rs.425-800, at the relevant time. The petitioners have also contended that the qualifications prescribed under the Rules for the post of Inspector other than Sanitary Inspectors is 'Graduate' from any recognised University. The avenue of promotion from the post of Junior Clerk is to the post of Senior Clerk and from Senior Clerk to Head Clerk. The petitioner No.1 is senior to respondent Nos.2 & 3 and his name was shown at Serial No.1 of the Graduate Junior Clerks' seniority list dated 1.3.85 and, therefore, he is eligible to be considered for promotion to the post of Inspector or Head Clerk in preference to his juniors.

(3.) In so far as petitioner No.2 is concerned, he came to be, initially, appointed as daily wage Junior Clerk on 3.10.67 and came to be confirmed as Junior Clerk on 17.10.70. He has also passed BA examination in 1967 and has also passed LSGD examination in 1983. It is his contention that he is senior to respondent Nos.2 & 3 and his name was shown at Serial No.2 of the Graduate Junior Clerks' seniority list, dated 1.3.85 and he is eligible to be considered for promotion to the post of Shop Inspector in the grade of Rs.425-800 in preference to respondent No.3. The petitioner No.2 had earlier filed Special Civil Application No.268/84 when one Bachubhai Dudabhai, SSC, Clerk, who was junior and unqualified for the post of Inspector was promoted neglecting the claim of the petitioner and his petition came to be allowed. A copy of the decision is also placed on record.