PURSHOTTAMBHAI FAKIRBHAI SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the post of Public Relations Officer, ESIS, Class-III held by the petitioner be upgraded to the post of Class-II with the corresponding pay-scale of Class-II post with effect from 1/1/1973 or from 22.021978 or from 3/7/1973. In the alternative, the prayer is that the respondent grant promotion to the post of Public Relations Officer, Class-III as per notification dtd. 5/5/1987 on completion of 7 years as PRO, Class-III.

(2.) The petitioner was appointed as a Public Relations Officer, Class- III on 11/7/1969 in the pay-scale of Rs.215.00340. He is possessing Bachelor of Social Science, M.A from School of Social Science, Certificate course of Social Works, Certificate course of Journalism and Public Relations etc. He has been associated with several activities while discharging duties as Public Relations Officer, Class-III. It is the case of the petitioner that on 16/9/1976, the Chatterjee Committee of Health Administration made certain recommendations for the post of Public Relations Officer, Class-III which included the recommendation of upgrading the post of Public Relations Officer, Class-III to Class-II.

(3.) Mr. Dipan Desai, learned advocate for the petitioner would submit that the State Government has framed recruitment rules on 5/5/1987 for the post of Public Relations Officer (Directorate of Medical Education and Research) Recruitment Rules, 1987. To be eligible for appointment by direct selection, the incumbent has to possess a Bachelors Degree in any faculty for Class-III post. In order to be eligible for promotion to Class-II, the incumbent has to put in seven years of service. It is in this context that the petitioner has prayed that on completion of seven years in the year 1976, if the post is not re-designated or upgraded at least the petitioner should have been promoted.