H M PATADIA 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 respondents to place the petitioner in the final seniority list of Clerks in between Serial No. 30 & 31, as circulated on 03.10.1997 and to act upon the same for further promotions; and also to declare that the promotion of the petitioner to the post of Senior Clerk on 17.04.1968 is legal.

(2.) The facts in brief are that the petitioner was appointed on the post of Clerk in respondent No. 2-Department by order dated 22.11.1965. Later, he was promoted to the post of Senior Clerk by order dated 17.04.1968. Thereafter, he was promoted to the post of Senior Assistant by order dated 10.06.1981. However, on account of some orders that were passed in certain litigations pending before this Court and the Apex Court, the petitioner was reverted to the post of Senior Clerk by order dated 02.04.1984. Pursuant thereto, the respondent-Department published the provisional seniority list vide Circular dated 20/28.05.1997 and the final seniority list vide Circular dated 03.10.1997. In the final seniority list of Clerks dated 03.10.1997, the petitioner was placed at serial No. 134. Being aggrieved by the same, the petitioner has preferred the present petition.

(3.) Heard learned Counsel for the respective parties and perused the documents on record. The main contention raised on behalf of the petitioner is that the petitioner was appointed in the year 1965 and that the decisions of this Court and also of the Apex Court, on which reliance has been placed by the respondent-Department, have no bearing to the case of the petitioner. It is, therefore, submitted that the seniority of the petitioner ought to have "been counted from the date of his joining the service.