MAHENDRASINH H JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mahendrasinh H.Jadeja and others-petitioners have filed this petition with a prayer for issue of a writ of mandamus directing the State Government through the Secretary, General AdministrationDepartment- respondent No. 1 herein and the Gujarat Public Service Commission-respondent No. 2 to appoint the petitioners to a post in Gujarat Administrative Service (`GAS' for short) Class I in order of their ranking in selection at Annexure-Aandgo on making appointment till the shortfall of direct recruitsisexhausted.The petitioners have further prayed that this court may direct the State Governmenttoconferuponthe petitioners the benefit of deemed date of appointment to a post of GAS Class I with effect from the date they were entitled to appointment in order of their ranking in the select list and confer upon them all consequential benefits as to seniority, pay fixation, arrears of pay, future promotions etc.

(2.) All these contentions were placed beforethis Court (Coram:S.K. Keshote, J) on 25.11.1997 and at that time the court heard the matter and disposed of it with a direction to the Chief Secretary of the State of Gujarat to constitute a High Power Committee under his Chairmanship consisting of the Revenue Secretary, the Secretary General Administration Department, and the Law Secretary.The petitioners shall lodge their claim of seniority as well as their grievanceagainstthe seniority list challenged in this petition before the Chief Secretary to the State of Gujarat within certain period and after giving an opportunity of hearing to the petitioners, the matter will be decided by passing a reasoned order. The Committee will consider the relevant decisions in this behalf.Thereafter, the petitioners represented their case. However, the Committee by its order dated 27.11.1999 has rejected the representation of the petitioners (see: page 108). The petitioners, have therefore challenged the said order of the Committee in this petition.

(3.) The facts which emerge from the record ofthis petition are as under:-