D M OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner before this Court was appointed as a Clerk in the Revenue Department. In course of time he has passed the departmental examination and has earned promotion to the post of Deputy Mamlatdar. Petitioner's seniority has been determined from the date of his absorption in the Revenue Department under order dated 25/02/1981. Feeling aggrieved, the petitioner has preferred the present petition.

(2.) It is the claim of the petitioner that he was selected and appointed as a Clerk by the District Collector, Jamnagar under the Gujarat Non-Secretariat Clerks, Clerk-Typists and Typists (Direct Recruitment Procedure) Rules, 1970 (hereinafter referred to as 'the Rules of 1970) (popularly known as Centralised Recruitment Scheme). He was appointed and posted as Clerk in the Revenue Department on 3/06/1973. Since then, on account of administrative exigencies, the petitioner's service was transferred to the Irrigation Department. From Irrigation Department the petitioner was brought back to the Revenue Department under the Government order dated 2 5/02/1981. Thus, the petitioner's transfer from the Revenue Department in the year 1977 and re-transfer in the Revenue Department in the year 1981 was on account of administrative exigencies. The petitioner has, therefore, claimed seniority from the date he was initially appointed in the Revenue Department (i.e. from 3/06/1973).

(3.) In answer to the notice issued by this Court, the respondent no.2, the District Collector, Jamnagar, has filed counter affidavit and has contested the petition. It is denied that the petitioner was appointed under the Rules of 1970 on 3/06/1973 as claimed by the petitioner. It is stated that in the year 1973 the petitioner had been given temporary appointment as a Clerk on temporary post created to meet scarcity relief works. The petitioner was regularly appointed as a Clerk in accordance with the Rules of 1970 in the year 1975. After his selection under the Rules of 1970, the petitioner was appointed as a Junior Clerk in the Revenue Department with effect from 10/03/1975. However, on account of closer of certain departments in the Revenue Department, certain Junior Clerks serving in the Revenue Department were rendered surplus. Such surplus Junior Clerks were relieved from service in order of their seniority ( on the principle of last come first go). On petitioner's being rendered surplus, under order dated 5/12/1977, the petitioner was reallocated as Junior Clerk to the Irrigation Department. Since then, the petitioner had been making representation for transfer to the Revenue Department. The said request was initially turned down under communication dated 19th May, 1978 by the District Collector, Jamnagar and under order dated 5/09/1979 by the State Government. However, by later order dated 25/02/1981, the petitioner was reallocated to the Revenue Department. Since then, the petitioner has been serving in the Revenue Department and has passed the departmental examinations. He has also been promoted to the higher post of Deputy Mamlatdar.