D Z DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners, in this petition. have challenged the orders dated 3 -4 -1991 (Annexures "I" collectively) and orders dated 2 -5 -1991 (Annexure "K") on the ground that they were transferred from the Revenue Department to other departments without their consent and while continuing their juniors in the original post and also ignoring the fact that the petitioners have passed the departmental examination of the Revenue Department and others who have been retained in the Revenue Department have not passed the requisite examination.

(2.) IT is submitted in the petition that the petitioners were originally recruited as Junior Clerks in the year 1982. The petitioner No. 1 was appointed to the post of Junior Clerk in the Revenue Department of Bhavnagar Collectorate in December 1982 and the petitioner No. 2 was appointed in the same department of Jamnagar Collectorate in March 1982. The Clerks of the Revenue Department are required to pass sub -service departmental examination for confirmation. Both the petitioners have passed this examination within the prescribed chances and the prescribed time limit. The Clerks of the Revenue Department are further required to pass Lower Revenue Qualifying Examination. Both the petitioners have passed this examination with the prescribed chances and time limit.

(3.) IT was further submitted that by an order dated 28 -11 -1990, the respondent No. 2 transferred the petitioner No. 1 from the Revenue Department to the Office of Sub -Registrar and petitioner No. 2 to the Education Department. It was further submitted that in the seniority list of Clerks working under the respondent No. 2 authority showing the seniority as on 1 -1 -1990, the petitioners are at S1. Nos. 211 and 212 respectively. The said list was having 219 persons and subsequently other Clerks were also recruited. The petitioners have further submitted that after the petitioners and others were transferred from Revenue Department to other departments, an order was passed on 31.3.1991 whereby several other persons were appointed as Clerks in the Revenue Department. In the said order dated 31.3.1991, the persons mentioned at Sr. No. 1 to 8 are those persons who were originally in the Revenue Department but were transferred along with the petitioners. These 8 persons have passed the SSD examination but they have not passed LRQ examination. It was further stated that one Kumari JR Dave who was at S1. No. 6 who was junior to the petitioner in the Panchmahals District and that persons at S1. No. 15 to 25 were fresh recruits in the Revenue Department. It was the grievance of the petitioners that the petitioners were not transferred back to the Revenue Department though their juniors were transferred back and some were continued even originally as reflected by the seniority list.