DIGVIJAYSINH CHHTRASINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:

(2.) THE brief facts of the present case are that the petitioner is at present working as Driver in Class- III category, pursuant to order dated 27.07.2010 by respondent No.2 and was placed in the pay scale of Rs.5200-20,200.00. The petitioner is promoted to the post of Driver in the pay scale of Rs.5200-20200 by order dated 27.07.2010. Further, the petitioner was performing duty as Grass Chowkidar since 11.08.1982 to 11.07.2005 in Forest Division, Bhavnagar. Thereafter, he was transferred to Surendranagar Division as Grass Chowkidar and performing duty since 12.07.2005. After resumption in this division from 10.02.2009, the petitioner applied for promotion in Class-III. In the said application, he requested to promote him in Class-III such as Jeep Driver, Clerk, Forest Guard. Thereafter, the petitioner by his application dated 07.03.2009 made to Surendranagar Division has requested to promote him in Class-III as a Jeep Driver. The case of the petitioner is that he was entitled to be promoted as Driver in the year 1984 and therefore, he prayed for deemed date of promotion.

(3.) LEARNED AGP for the respondents submits that the petitioner was not appointed as Vidi Chowkidar or Forest Guard in Surendranagar Forest Division as contended by the petitioner, but he is appointed as Vidi Chowkidar by Bhavnagar Forest Division as per the record. The petitioner was reinstated in the same original post of Vidi Chowkidar by letter No.EST/3/2329/5/84/85 dated 02.08.1984 passed by the Forest Division, Bhavnagar and objection is taken after a period of 26 years. Under Notification No.GS/9/2009/CRR/1182/245/G-5 dated 26.02.2009 passed by the General Administration Department amendment is made to promote employees of Class-IV to Class-III in which if Class-IV employee drive is fully qualified then such employee is considered for promotion. Shri D.C. Zala and others whose cases were cited by the petitioner were promoted as per Rules framed by the Government. The petitioner resumed duty as Driver on 30.07.2010. Hence, the petitioner is not entitled for such a relief.