B B PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, in this petition, has challenged the order dated 5-12-1986 well as the order dated 26.4.1988 on the ground that the order dated 5.12.1986 was passed' without hearing the petitioner and in violation of the principles of natural justice. According to the petitioner, the order dated 26.4.1988 was passed by the respondent without giving any reason whatsoever. The petitioner has therefore prayed for quashing and setting aside of these two orders. The petitioner has prayed for an interim relief to the effect that the respondent be directed to get one post vacant for the petitioner.

(2.) The petitioner has stated in the petition that he was appointed as Supervisor (Civil) on 1-11-1969 and he had joined his duties on 6-11-1969. The petitioner has further stated that pursuant to the letter dated 24.9.1971 issued by the Additional Collector, Songadh, he appeared before the Selection Committee and he was taken on the regular post with effect from 25.11.1971. It is the case of the petitioner that he had continuously worked since 6.11.1969 without any break and hence his name should be considered from the date of his joining in service on temporary post as Supervisor (Civil) with effect from 6.11.1969.

(3.) 'The petitioner further stated in the petition that considering his continuous service with effect from 6.11.1969, the date of joining the service given to the petitioner in the seniority list published on 27.2.1984 was "1.11.1969" and accordingly seniority number given to the petitioner in the said list was 717. It was further stated by the petitioner that subsequently on 5.12.1986, the Under Secretary, Narmada Development Division has taken the view that by mistake the petitioner's date was considered as "6.11.1969" instead of "25.11.1971" and hence the petitioner's position in the seniority list was changed from Serial No. 717 to 987-A.