PATANI NARAYANBHAI GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners who are working as Junior Clerks under the Narmada Water Resource, Water Supply and Kalpsar Department, have prayed for a direction to issue an appropriate writ to promote the petitioners to the post of Senior Clerk to which they became eligible upon completion of five years of service from the date of their appointment as Junior Clerks. Further direction is prayed for that the promotion be given to the petitioners to the post of Senior Clerks subject to the outcome of the departmental examination that the respondents may undertake as the examinations were long overdue but was not taken.

(2.) Facts in brief are as under:

(3.) Mr.Zubin Bharda learned counsel appearing with Ms.Dimple Thakar for the petitioners would submit that in accordance with the 15/7/2015 Rules known as the Senior Clerk, Class-III in the Subordinate Service of the Non Secretariat Departments and Offices of the State of Gujarat Recruitment Rules, 2015, (page 80), appointment to the post of Senior Clerks Class-III, is made by promotion of a person of proved merit and efficiency from amongst the persons who have worked for not less than five years in the cadre of Junior Clerks, that they have passed the departmental examination as has been prescribed by the Government and they have passed the qualifying examination for computer knowledge in accordance with the provisions of the Gujarat Civil Services Computer Services Training and Examination Rules. The case of the petitioners is that the petitioners have passed the computer training examination, that they have completed five years of service in the cadre of junior clerks. Only because of not holding the examinations for a period of over five years now the petitioners are not being considered for the promotion on the basis of proved merit and efficiency to the post of Senior Clerks. Appointments are made by promotion and by direct selection in the ratio of 1:1. Direct selection is to be undertaken for which the advertisement is issued. Typing tests have been held and the process of direct recruitment which was initiated by virtue of an advertisement dtd. 29/7/2021 and by which the examinations of computer were held on 3/5/2022 and 5/3/2022, direct recruits are likely to be appointed and merely because of the lapse of the respondents in conducting the departmental examination for over a period of five years, the petitioners who are otherwise eligible to the post of Senior Clerks will not be appointed and the direct recruits will be appointed stealing a march over the petitioners for the purposes of seniority only because of the lapse of the department in not holding the departmental examinations when the petitioners are otherwise eligible in all other aspects.