LAWS(GJH)-2012-3-184

GUJARAT UNIVERSITY Vs. S C SHAH

Decided On March 16, 2012
GUJARAT UNIVERSITY Appellant
V/S
S.C.SHAH Respondents

JUDGEMENT

(1.) These petitions have been filed by the Gujarat University challenging a common judgment and order dated 04.11.1999 passed by the Gujarat Universities Services Tribunal ('Tribunal' for short) in Applications No. 38 of 1999 and 39 of 1999.

(2.) The brief facts may be noted at the out set:

(3.) The University opposed such applications before the Tribunal. Their main case was that all the applicants belong to the cadre of Typist. They were recruited after 16.06.1979 and they were not eligible for being considered for promotion to the post of Senior Clerk, since they held the post of Typist. They were not designated as Assistant (Type). The University also urged that the posts of the Junior-Clerk and Typist are not interchangeable. The contention of the University was, merely by because both the posts carry identical pay-scale, Typists cannot seek promotion to the post of Senior Clerk without any reference to educational qualification.