M.L.SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. P.Y. Divyeshwar, learned advocate for the petitioner, Ms. Chandarana, learned AGP for respondent authorities and Ms. Srushti Thula, learned advocate for respondent no.3.

(2.) THE matter pertains to the seniority position in the cadre of Superintendent (Class-I) in the Prohibition and Excise Department of the Government of Gujarat and the dispute is with regard to placement of petitioner vis-a-vis respondent no.3 in the said cadre. Reference in this regard is made to seniority list dated 5th February, 1987, Annexure-B to this petition, wherein respondent no.3 Mr. G.M. Pargi is shown at serial no.4 and the present petitioner Mr. M.L.Soni is show at serial no.5. The date of joining of respondent no.3 is 28.09.1983 as direct recruit and that of the petitioner Mr. Soni is 26.08.1983 as a promotee from the feeder cadre.

(3.) LEARNED advocate for the petitioner Mr. Divyeshwar has raised the only contention that, having left the department once, respondent no.3 could not have been permitted to get his seniority back on his joining back the department. Various prayers are made in the petition, however it is this principal grievance which is harped the most by the petitioner. Learned advocate for the petitioner concedes to the situation that, if his argument that respondent no.3 could not have been assigned his original seniority on his joining back the Prohibition and Excise Department, pursuant to the order dated 05.06.1992, he (respondent No:3) will have to be accepted as senior to the petitioner and other reliefs, which are in effect consequential, can not legitimately be claimed by the petitioner. Thus, the only point for consideration before this Court in this petition is as to whether Government was justified in permitting respondent no. 3 to get his original seniority in the cadre of Superintendent, on his joining back the Prohibition and Excise Department.