G H SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Petitioner who at all the relevant times of this petition was working as an Administrative Officer Class II in Directorate of Medical Services (ESI) at the ESI Hospital Baroda has by this application under Article 226 of the Constitution prayed for appropriate writs orders and direction enjoining respondent No. 1 to consider him for promotion to the post of Administrative Officer Class II (Senior Scale) in the Directorate of Health Services (Medical) and restraining the said respondent from according promotion to the said post to his junior inter ex on the ground that according to the Government resolutions in that behalf made from the to time the State Government was under an obligation to accord promotion on the basis of the common seniority list of Administrative Officers working in different directorates.

(2.) The brief narration of the facts which compelled the petitioner to move this Court is as under. In the Department of Health and Family Welfare in the State Government originally there were two directorates namely Director of Health Services (Health) and Director of Health Services (Medical). By the Government resolution in the Health and Industries Department of 5/12/1962 it was inter alia directed that all the posts of Personal Assistants to the Directors Deputy Directors and Assistant Directors of Health and Medical Services be brought into one cadre and the incumbents of the posts in the cadre were liable for inter directorate transfer. It appears that the third directorate namely Directorate of Medical Services (ESI) was established in pursuance of the Government resolution in the Panchayat and Health Department dated 3/09/1965 under the charge of Directorate of Medical Services (ESI). The said resolution inter alia directed that the persons who have been transferred from Medical and Ayurvedic Departments to the Director of Medical Services (ESI) should be allowed to continue to work in this third directorate. It appears further that the State Government decided to create a fourth directorate known as Directorate of Health Services (Medical Education and Research) and a resolution of 20/05/1975 was issued in that behalf. The State Government in the Health and Family Planning Department issued a resolution of 8/12/1976 inCorporating the decision arrived at in a joint meeting of all the directors in the matter of the problems inter alia relating to sharing of staff. In paragraph 6 of the said resolution of 8/12/1976 it was stated as under:

(3.) Rule was issued on this application and was directed to be alongwith Special Civil Application No. 3401 of 1980 and the adinterim relief directing that all promotions to Administrative Officers Class II (Sr. Scale) shall be made subject to the result of the petition.