M P BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner quashing and setting aside an order dated 28.8.1989 by which certain persons junior to the petitioner came to be promoted to the post of Government Labour Officer Class II and for further direction directing the respondent authorities to pay to the petitioner all consequential benefits.

(2.) The case of the petitioner was that he was serving as Scrutinizer Class - III in the establishment of Commissioner of Labour - respondent no.2 herein. According to him he was discharging his duties and performing his functions to the utmost satisfaction of the department. From the post of Scrutinizer Class - III there is further promotion of Government Labour Officer Class - II. For promotion to the said post Rules have been framed under proviso to Article 309 of the Constitution of India and Rule 2 provides that appointment to the post of Government Labour Officer Class - II should be made (a) either by promotion of a person of "proved merit and efficiency" from amongst the persons working in the cadres of Superintendent and Scrutinizer under the Commissioner of Labour in the ratio of 1:1 by turn or by (b) direct selection. In the present petition, we are not concerned with direct selection but only with promotion. From the Statutory Rules, it is clear that the petitioner was in the feeder cadre and thus, eligible.

(3.) The case of the petitioner was that in the list of seniority of Scrutinizer Class - III as on January 1, 1988, he was at Sr.No. 30. S/S.S.V.Shah, S.B.Bijlani and J.W.Christian were at Sr.No. 31,32 and 34 respectively. The petitioner states that to his utter shock and surprise all of them came to be promoted ignoring the legitimate and legal claim of the petitioner. It was also stated in the petition that one Smt.S.D.Bhatt was at Sr.No.33 but she retired in the meanwhile and thus three persons who were junior to him were promoted which was contrary to law.