J A PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for following reliefs :

(2.) THE facts in brief giving rise to filing of the present petition are that on 01.02.1992, the Gujarat Public Service Commission, respondent no.3 herein, issued an Advertisement for filing up one Post of Assistant Commissioner (Drug Control). In pursuance of the examination conducted by respondent no.3, one Mr. M.M. Saiyed was selected and he was the sole candidate in the Select List. The respondent no.3 ­ Commission had prepared a Wait List of four candidates. Respondent no.4 herein was placed at the first position and respondent no.5 herein was placed at the second position in the Wait List. Respondent no.3 ­ Commission had addressed communication dated 03.10.1992 informing respondent ­ State Government that if there arises any requirement to make appointment on such Post within a period of two years, then such appointment should be made from the Wait List so prepared. It appears that a need arose and accordingly, a requisition was sent on 28.09.1994 for filling up two vacant Posts of Assistant Commissioner (Drug Control).

(3.) IN the meantime, it also appears that respondent no.4 herein had preferred S.C.A. No. 5839/1996 before this Court seeking appropriate directions for appointment. The said petition was disposed of vide judgment dated 30.08.1996 wherein, the respondents were directed to offer appointment to respondent no.4 for the post in question subject to the interim orders passed in L.P.A. No. 842/1996. In pursuance of the vacation of interim relief vide order dated 30.01.1997 passed in the Civil Application 8012 of 1996 in Letters Patent Appeal No. 1077/1996, respondent no.4 herein was granted appointment on the post in question and he resumed his duties as such with effect from 09.09.1997.