DHIRAJBEN JERAMBHAI KAVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ or order directing the respondents to treat her as Junior Clerk from 2/12/1961, and give her seniority as well as promotion on that basis to the higher cadre of Senior Clerk and the Office Superintendent respectively, with all consequential benefits.

(2.) The petitioner passed her S.S.C.Examination in the year 1959. By an Office Order dated December 15, 1961, issued by the Dean, Irwin Group of Hospitals, Jamnagar, she was appointed temporarily as a Junior Clerk in the Office of the Dean, Irwin Group of Hospitals, Jamnagar, and was placed in the Grade of Rs. 55-3-85-EB-4-125-5-130 plus usual allowances admissible according to Government Rules with effect from December 2, 1961, for 30 days only because one Shri V.M.Bhatt was promoted as Senior Clerk. A copy of the said Office Order is produced at Annexure-C collectively to the petition. Consequent upon the expiry of sanction for the post of Senior Clerk, the Dean, Irwin Group of Hospitals, Jamnagar, issued another Office Order dated 3/05/1962 by which Mr. V.M.Bhatt, Senior Clerk, was reverted and posted as Junior Clerk on his original post; whereas the petitioner was reverted and posted as Dresser in the Grade of Rs. 30-1-40 plus usual allowances. A copy of the said Office Order is produced at Annexure-C collectively to the petition. From the record of the petition, it is evident that an Office Order dated May 11, 1962 was received from the Director of Health and Medical Services (Med.) Government of Gujarat,Ahmedabad and, therefore, the Dean of Irwin Group of Hospitals, Jamnagar, issued another Office Order dated 18/05/1962, transferring and promoting the petitioner as a Junior Clerk in the Grade of Rs. 55-130 with effect from May 11, 1962, for three months. A copy of the said order is also produced by the petitioner at Annexure-C collectively to the petition. Since the sanction for the post of Junior Clerk temporarily created for three months expired on 14/08/1962, the petitioner was reverted to the post of Dresser in the pay-scale of Rs. 30-1-35 with effect from 15/08/1962 and this is quite evident from the Office Order dated 17/08/1962, produced at Annexure-C collectively to the petition. Again, the Director of Health and Medical Services (Medical), Government of Gujarat, Ahmedabad, posted one Shri G.H.Sheth as Head Clerk on existing vacancy by Office Order dated 9/07/1962 and, therefore, the Dean of Irwin Group of Hospitals, Jamnagar, issued an Office Order dated 30/08/1962 allowing the petitioner to officiate as Clerk in the Grade of Rs. 46-130 with effect from 16/08/1962 to 14/10/1962. It appears that one Mr. C.J.Purohit, after availing 60 days' leave with effect from 16/08/1962 to October 14, 1962 resumed duties on 15/10/1962 and, therefore, the Dean, Irwin Group of Hospitals, Jamnagar, issued an Office Order dated 27/12/1962 allowing the petitioner to officiate as Clerk with reversion as Dresser with effect from October 15, 1962. This order is also produced by the petitioner at Annexure-C collectively to the petition. On 29/12/1962, the Dean, Irwin Group of Hospitals, Jamnagar, issued an Office Order allowing the petitioner to work as Clerk with effect from 1/11/1962, but by an Office Order No.52, dated 2/03/1963 issued by the Dean, Irwin Group of Hospitals, Jamnagar, the petitioner was reverted as Dresser with effect from 1/03/1963. The Dean of Irwin Group of Hospitals, Jamnagar, issued another Office Order No.170, dated 5/06/1963, posting the petitioner as Clerk, Irwin Hospital, Jamnagar against one of the three posts sanctioned as per Government Resolution dated 22/04/1963. The Dean of M.P.Shah Medical College, Jamnagar, thereafter issued an Office Order dated June 22, 1974 confirming the petitioner as Junior Clerk in the pay-scale of Rs. 130-240 from the date of issuance of the order. This order is also produced at Annexure-C collectively to the petition. A copy of order dated June 22, 1974 was submitted by the Dean of M.P.Shah Medical College, Jamnagar, to the Director of Health Services (Med.), Ahmedabad, for information. Accordingly, the Director of Health Services (Med.) Ahmedabad, addressed a letter dated 22/08/1979, to the Government pointing out the relevant facts to the State Government. On consideration of the matter, the Government noticed that the petitioner, who was initially appointed to man a Class-IV post, was temporarily promoted to Class-III post, but as a special case and by giving concession in the relevant Rules as well as in view of the Government Resolution dated 17/04/1970, the appointment of the petitioner as Junior Clerk was required to be regularised. The Government, therefore, by an order dated 18/10/1979 regularised the appointment of the petitioner on the post of Junior Clerk and directed that she would rank last in the seniority list of Junior Clerks.

(3.) Feeling aggrieved by the action of the Government in treating her as junior-most in the Cadre of Junior Clerks, the petitioner filed Appeal No. 654/1979 before Gujarat Civil Services Tribunal, Gandhinagar. The Tribunal rejected the appeal by an order dated June 27, 1980, holding that the order passed by the Government fixing seniority was beyond the scope of challenge before the Tribunal.