GANPATBHAI ADLABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned advocate appearing for respondent no. 1 and Mr. H.S. Munshaw, learned advocate appearing for respondent no. 2 - Gujarat State Land Development Corporation waive service of notice of rule.

(2.) The petitioners who had joined the respondent no. 2 as Field Assistants between the years 1997 and 1999 have prayed for a declaration to hold the action of the respondents in not extending the benefits of first higher grade scale of Rs.5200.0020200, Grade Pay-2800 of the cadre of Field Supervisor is bad. The essential challenge is that the petitioners could not be deprived of the first higher grade scale as passing of departmental examinations was never contemplated under the Rules for promotion to the post of Field Supervisor which was a cadre for which higher grade scale is prayed for.

(3.) Ms. Harshal Pandya, learned counsel for the petitioners drawing the attention of the court to the rules called the Recruitment Rules For The Posts Under The Gujarat State Land Development Corporation Ltd., 1982 submitted that as per the appendix to the rules the promotional post from that of a Field Assistant was that of Field Supervisor. The criteria for promotion was in accordance with Rule 15. Field Assistants who have completed 7 years of service would be entitled to promotion to the post of Field Supervisor on the basis of merit-cum-seniority. Nowhere in the rules were departmental examination a pre-requisite for promotion to the post of Field Supervisor. Admittedly, having completed 12 years of service therefore from their dates of appointment petitioners were entitled to the first higher grade scale.