MAHENDRASING R WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner who was appointed as Tool Keeper in Transport Section of respondent no.2 with effect from 4.12.1978. The petitioner possesses educational qualification of Secondary School Certificate which he passed in the year 1974. He also possesses ITI-Motor Mechanic Trade Certificate which he obtained in the year 1975. He has experience as Apprentice Mechanic in S.T. Work Shop which he completed during 1976-78. The petitioner after having joined as Tool Keeper in the year 1978, he came to be promoted in the cadre of Mechanic with effect from 10.10.1985, where he was working till the date of filing of the petition. It is the case of the petitioner that during his service the pay scale of the post of Mechanic came to be revised from Rs.350 -560/- to Rs.1200 -- 2040/-.

(2.) In the year 1986 when an advertisement came to be issued by the Deputy Director, Medical Services, Gujarat State, Ahmedabad, a copy of which is produced at Annexure 'B' to this petition, gave a cause to the petitioner to make a grievance. By the said advertisement applications were invited for the post of Mechanic (Vehicle Examiner) and the pay scale mentioned was Rs.380 -- 560/-. In the said advertisement qualifications prescribed for the said post were, (i) ITI-Motor Mechanic Course, (ii) Three years experience of motor repairing in a Government or Semi Government organisation or Transport (Undertaking), (iii) Licence in Heavy Driving. In the alternative required qualifications were: (i) Pass in Standard-V with Gujarati or Hindi with six years motor repairing experience, (ii) Possessing of Heavy Driving Licence for the last two years.

(3.) The petitioner made a representation in the month of March 1986 through the Government Automobile Technical Staff Union wherein at item (6) Mechanic (Vehicle Examiner) is referred to. The second representation was made through the same Union in the month of September 1998 and the third in line is the representation made in the month of February 1991. All these three representations are annexed at Annexures 'C', 'D' & 'E' respectively to this petition. As nothing was heard by the petitioner, the petitioner filed the present petition in the year 1991 which came to be admitted by this Court on 13.1.1992.