M L RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for quashing and setting aside the decision taken by the Respondent no.2 on 15.02.1999 and decision taken by Respondent no.1 on 15.10.2004 and 24.02.2005 and further prayed for directing the respondents authorities to accept the option form of the Petitioner as having been received in prescribed time limit and to absorb the petitioner in State Services on the post of Agriculture Officer ClassII as per condition incorporated in letter dated 12.04.2002 issued by the Respondent No.1.

(2.) THE petitioner in this petition, has challenged the inaction on the part of the respondents in not considering his services in the State cadre and not to give the benefits of the Government Circular dated 16.09.1974. The petitioner submitted that he made a representation to be absorbed him for the State Cadre. However, the respondent no.1 by letter dated 12.04.2002, declined to put him in the State Cadre like Shri P.C.Patel, on the ground that it will affect the seniority of other persons. This Court has passed the following order on 17.01.2005 in Special Civil Application No. 372 of 2005.

(3.) HEARD learned counsel for both the sides and having gone through the material record on place, this Court is of the opinion that the petitioner approached the respondent authorities after three years from the date of appointment. In view of the above, the petitioner cannot be considered to be absorbed in the State cadre.