RAMANBHAI K DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, has been filed with the following prayers:

(2.) BRIEFLY stated, the facts of the case are that the petitioner was appointed as Junior Clerk vide order dated 27-12-1990 and was placed under the District Superintendent, Kutch-Bhuj. The petitioner became eligible for 1st Higher Grade Scale after completion of 9 years service in the cadre of Junior Clerk with effect from 27-12-1999, as per the Scheme of Higher Grade Scale. The petitioner has passed the pre-service training examination for Junior Clerk. Thereafter, the petitioner appeared for the departmental examination meant for Senior Clerks, in the year 2002 and 2004, in which he failed. No departmental examination for Senior Clerks has been held by the respondents, after 2004. The case of the petitioner is that he became eligible for Higher Grade Scale for the post of Senior Clerk after completion of 9 years of service with effect from 2-3-2000, but as no departmental examination for Senior Clerks has been held by the respondent after 2004, this benefit is denied to him on the ground that he has not cleared the examination meant for Senior Clerk. It is further the case of the petitioner, that as he belongs to the Scheduled Caste category, he is entitled to four chances, and having failed in two attempts, there are still two chances left for him to pass the said examination. Meanwhile, respondent No.1, by letter dated 2-1-2010 informed respondent No.2 that the benefit of Higher Grade Scale cannot be granted since it is against the Rules. Being aggrieved by this decision, as also letter dated 2-1-2010 of the respondent No.3 addressed to respondent No.4 to the same effect, the petitioner has approached this Court by filing the present petition.

(3.) ON the basis of the above judgment, it is submitted by the learned advocate for the petitioner that the respondents can be directed to consider the case of the petitioner along similar lines, and the interest of justice would be met if the petitioner is permitted to approach respondent No.2 by filing a representation, which may be considered in the light of Government Resolution dated 14-9-2007 and judgment dated 31-3-2009, rendered in Special Civil Application No.2146 of 2009.