H K MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondent-authorities to absorb him in the permanent service of the Panchayat, on the basis of his date of joining, i.e. 11.02.1980 with all consequential benefits and further to quash and set aside the seniority list published by the respondent [Copy of which is annexed as Annexure-F to the petition] and to direct the respondents to prepare a fresh seniority list on the basis of the his correct date of joining in service.

(2.) The facts in brief are that the petitioner was appointed as a work-charge Clerk in the respondent-Panchayat in the year 1980 and was continued as such from time to time. From February 1987, the petitioner was working as a work-charge Clerk in the Scarcity Relief Sub-Division of the respondent-Panchayat.

(3.) The respondent-authority had prepared a seniority list of work-charge Clerks in which the name of the petitioner has been shown at Sr. No.92 and his date of joining in service has been wrongly shown as 26.11.1980 instead of 11.02.1980. As a result of that the petitioner has been placed at a position, which is below the persons, who are junior to him in service. On 10.02.1987 the respondent-Department issued a Circular wherein it was provided that employees from Sr. No.1 to 75 in the seniority list are to be made permanent in service and that the rest would be kept in the waiting list.