R G THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants were employed with the respondent State as Punch Operators. Subsequently practice of punching cards have been discontinued and these appellants were made to work as junior clerks. THE case of learned counsel for the appellants is that they should be absorbed in the cadre of Clerks where they have been made to work. We pointedly asked learned counsel whether it is possible to merge one cadre to another because the post of Clerk is governed by certain set of rules and that being the position learned counsel could not point out as to how an employee who has been recruited in service under a different set of rules can be absorbed in another cadre. At that juncture learned consul for the appellants submitted that, that was not open to the respondent State to ask the appellants to work as Junior Clerk and they could have been declared as surplus. We put it to the learned counsel appearing for the petitioner whether the State may now declare them surplus. But this option is not acceptable to learned counsel for the petitioner. When the petitioners were recruited in different set of rules, seeking of relief that the appellants be absorbed in another cadre can not be granted. Learned Single Judge has already held that if the petitioners/ appellants have no channel of promotion then higher pay scales are always available to them as per the policy of the State Government, i.e. on completion of 9, 18 and 27 years of service. In that view of the matter that relief has been already given by learned Single Judge.

(2.) WE do not think that the appellants can be absorbed as Clerks because of different set of recruitment rules. There is no force in the appeal and it merits no interference at our end in the order passed by learned Single Judge. The appeal fails and is dismissed.