STATE OF GUJARAT Vs. KG VASAVA

JUDGEMENT

(1.) Rule. Mr.Supehia waives service of rule on behalf of respondent. With the consent of the parties matter is taken up for final hearing.

(2.) The short facts of the case are that the respondent was initially appointed as a Peon and thereafter as per the say of the respondent there was promotional avenue to the post of Talati-cum-Mantri. Somewhere in the year 1994 select list was prepared for filling up of posts of Talati-cum-Mantri by promotion and the name of the petitioner also came to be included in the said select list. The list was operated from time to time. However, on 7.7.98 statutory rules came to be framed known as "the Village Panchayat Secretary (Cl.III)(Panchayat Service) Recruitment Rules, 1998". The Rules interalia provide for appointment to the post of Village Panchayat Secretary(Cl.III) only by direct selection. Inspite of the provisions of that Rule to fill up the post by direct selection on 5.8.98 the petitioner came to be promoted to the post of Talati-cum-Mantri by way of operating the select list which was prepared for filling up of post by promotion and not by direct selection.

(3.) When it came to the knowledge of the DDO together with other 7 employees the petitioner came to be reverted from the post of Talati-cum-Mantri to the post of Peon as per order dated 21.6.99. The respondent herein, under the circumstances, preferred appeal being Appeal No.224/99/335 before the Gujarat Civil Services Tribunal, Gandhinagar. The learned tribunal heard the matter and found that the select list remains in operation until all the candidates included in the select list are given appointment and it was recorded by the tribunal that since the Rules are not retrospective the order of reversion is bad and the promotions already given can not be withdrawn or cancelled and therefore the tribunal allowed the appeal by setting aside the order, dated 21.6.99. Under the circumstances, present petition is preferred by the State Govt.