PATEL NANJIBHAI MANUBHAI Vs. DISTRICT DEVELOPMENT OFFICER PANCHMAHALS

JUDGEMENT

(1.) These petitions under Art. 226 of the Constitution of India are filed by 36 persons who were serving as either Attendant or Dressers under District Development Officer, respondent No. 1 herein, and whose services were terminated vide orders dated 24/09/1990 and 28/09/1990. This enblock mass termination of Class IV employees has given rise to the present litigation.

(2.) It should be noted that most of the petitioners belong to either SC or ST. The petitioners prior to their termination as Dressers or Attendants were serving as daily wagers with the respondent since 1986-87 at veterinary hospitals or at various veterinary centres.

(3.) There were vacancies in the post of Dressers and Attendants under District Panchayat, Panchmahals. The said vacancies were ordinarily as per Government resolution dated 12/12/1988 required to be filled in from the candidates sponsored by the Employment Exchange, the District Social Welfare Officer and also by Director of Social Welfare, Gujarat State. In order to fill in the vacancies of Dressers and Attendants the respondent-Panchayat has called for the names of eligible candidates from the Office of Employment Exchange, District Social Welfare Officer, District Baxi Panch Officer and from the Office of the Director of Social Welfare, Gujarat State. There were 39 vacancies. 147 names were sent by District Social Welfare Office/District Baxi Panch Office. 320 names were sent by the Office of Employment Exchange. Thus for 39 vacancies in all 476 candidates were sponsored by the official agencies namely, the Office of Employment Exchange, District Social Welfare Officer/District Baxi Panch Officer and Director of Social Welfare, Gujarat State. It appears that over and above these 476 candidates who were sponsored by official agencies the selection committee has also invited the daily rated employees who were working either as Dressers or Attendants in various veterinary hospital and primary veterinary centres. Most of the petitioners belong to the class of daily wage employees who were already working since 1986-87 either as Dressers or Attendants at various veterinary hospital or primary veterinary centres under respondent District Panchayat. A few of the petitioners were also sponsored by Employment Exchange. The petitioners received letter of interview dated 26-3-1990 informing each petitioner individually that he was called for interview by District Panchayat Selection Committee on 6-4-1990 along with all documents about his educational qualifications, experience and documents certifying his caste. It appears that pursuant to the interview letters received by the petitioners, they all appeared before the District Panchayat Selection Committee between 6-4-1990 to 10-4-1990 and they along with a large number of other candidates were interviewed by the District Panchayat Selection Committee. 3A. The State of Gujarat has in exercise of the powers conferred upon it by Sec. 323 read with sub-sec. (1) of Sec. 102 of Gujarat Panchayat Act (hereinafter referred to as 'the said Act') enacted Rules which are known as the Gujarat State Service (Appointing Authority) Rules, 1967. Rule 2 of the said Rules specify in column 1 of the table the authority who shall be "Appointing authority" for the categories of posts which are specified in column 2 of the table. Originally, prior to the amendment for the post of Dressers and Peons, which is equivalent to the post of Attendant, the appointing authority specified under the said Rules was District Animal Husbandary Officer. It may be noted that the said Rules came to be subsequently amended in the year 1986 and the post of Peon (Attendant) came to be deleted and for the post of Dressers the appointing authority continued to be District Animal Husbandary Officer. With respect to Peons (Attendants) the appointing authority is Dy. District Development Officer (Revenue) and this factual position is not disputed. It should be mentioned that the post of District Animal Husbandary Officer is now redesignated as Dy. Director, Veterinary.