MANHARBA GOVINDSINH CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have prayed for following reliefs,

(2.) Heard learned advocate, Mr. Hardik C. Rawal for the petitioners and learned AGP Mr. Hardik Mehta for the respondents.

(3.) Learned advocate, Mr. Rawal appearing for the petitioners submitted that the petitioners were regularly appointed as Junior Clerk in the Police department during the period between 1983 to 1988 on a condition that they will have to undergo training and will have to clear the post training examination within stipulated trials as per Rule 68(8) of the Gujarat Police Manual. It is further submitted that all the petitioners have appeared and succeeded in the post training examination and, therefore, their services were regularized after passing the said examination and in pursuance thereto, necessary entry was also made in the service book of the petitioners. At this stage, learned advocate submitted that the petitioners were, thereafter, required to pass departmental examination for getting increments on the post of Junior Clerk as per Rule 177 of the Gujarat Police Manual. The petitioners, therefore, appeared in the said examination and successfully cleared the same. The petitioners, therefore, started earning increments for the post of Junior Clerks. Learned advocate, thereafter, submitted that on being eligible to appear for the Senior Clerk departmental examination, all the petitioners again appeared in the departmental examination and cleared the same as per Rule 177 of the Gujarat Police Manual. It is submitted that pursuant to passing of the said examination for the post of Senior Clerk, all the petitioners were promoted to the post of Senior Clerk. It is the case of the petitioners that they were working on the post of Senior Clerk since many years and were even granted higher pay scale for the post of Head Clerk as per the Government policy. Learned advocate submitted that the petitioners are getting higher pay scale for the post of Head Clerk. Learned advocate has referred to Page No.28 of the compilation i.e. the chart in which complete details of the petitioners are given.