LAWS(GJH)-2022-2-864

MANGUBHAI SHANKARBHAI TADVI Vs. STATE OF GUJARAT

Decided On February 16, 2022
Mangubhai Shankarbhai Tadvi Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) In the captioned writ petition being Special Civil Application No. 11231 of 2003, the petitioners have prayed for promotion from the post of Class-IV to Class-III as Junior Clerk, whereas in the writ petition being Special Civil Application No.6486 of 2009, the petitioners along with the prayer of promotions, have also prayed for a direction directing the respondent authorities to regularly hold written test as well as oral interviews of the Narmada Oustees Employees appointed on Class-IV for the purposes of promotion.

(2.) The facts which are not in dispute are that all the petitioners were appointed by the respondent-Corporation in the year 1991, in view of the Narmada Oustees Employment Opportunity Rules, 1988, which were framed in order to give benefit of rehabilitation to the oustees, who were affected due to development of the Narmada project. The petitioners were appointed as Class-IV employees. It is the case of the petitioners that though they are qualified for getting promotion to the post of Class-III as Junior Clerks as per the Circular dtd. 11/11/1991 issued by the respondent, they are not considered for promotion.

(3.) Learned advocate Mr.Yagnik appearing for the petitioners has submitted that pursuant to the interim order dtd. 1/8/2003 passed by this Court in Special Civil Application No.11231 of 2003, the respondent-Corporation formed a Committee and accordingly held process of promoting the employees, who were appointed pursuant to the aforesaid Rules. It is submitted that the petitioners participated in the said selection process, however, some of them were only promoted to the post of Junior Clerk or Class-III employees. While inviting the attention of this Court to the report of the Committee, which held the interview, on 6/7/2004, learned advocate Mr.Yagnik has submitted that neither the Interview Committee has stipulated anything with regard to passing or fixation of marks, nor the Rules or Circular contemplate such fixation and though some of the petitioners have not been declared fail, they were not promoted for the Class-III post.