DISTRICT PANCHAYAT JUNAGADH Vs. JASWANTGIRI N GONSAI

JUDGEMENT

(1.) THE appeal under Clause 15 of the Letters Patent is preferred by the District Panchayat, Junagadh from decision dated 30.7.2004 of learned single Judge of this Court in SCA No.2670 of 1997, whereby the appellant and the State Government are directed to consider the case of the petitioners for promotion to the post of Talati-cum-Mantri for filling up the backlog as on 25.11.1993.

(2.) IT was the case of respondent Nos.1, 2 and 3 ? original petitioners ? that they were employed under the appellant as Class IV employees and, in spite of their eligibility and the vacancies for promotion to the post of Class III, they were denied promotion on wholly untenable grounds. There was no dispute about the fact that they were entitled to accelerated chances of promotion and the appellant had in fact asked the Taluka Development Officer concerned on 15.5.1990 to send lists of such Class IV employees who were eligible for promotion. Thereafter, the names of original petitioners were forwarded to the Gujarat Panchayat Services Selection Board by the appellant itself on 02.02.1993 in the list of total ten Class IV employees for considering their promotion. However, nothing appeared to have been done despite representations of the original petitioners. The appellant replied on 19.5.1994 that due to decision to impose cut of 10% in filling up posts on the set up, they could not be promoted at that stage. Even after that ban was expressly lifted by the State Government by resolution dated 02.6.1995 for filling up vacant promotional posts, the cases of petitioners were not considered, despite several representations. Thus, the respondent employees were denied promotion without any valid reason and despite their names being recommended by the appellant and availability of the vacancies.

(3.) IT clearly appears from the record that the appellant itself has called upon the names of eligible Class IV employees under it for promotion to the post in Class III and it prepared select list for approval by the Gujarat Panchayat Services Selection Board. There is no dispute about the huge number of vacancies and backlog of vacancies for the eligible candidates of backward classes. Thus, in short, there was no reason for any of the authorities to refuse to consider the cases of the respondents till the ban on recruitment was temporarily imposed. Even after lifting of the ban by G.R.dated 02.6.1995, the appellant did not appear to have done anything in the matter and the only defence taken before this Court was based on the enactment of new recruitment rules in the year 1998. Therefore, the attitude and inaction on the part of the appellant is found to be wholly unjustified and arbitrary. And no reason is even stated to refuse promotion to the respondents concerned.