STATE OF GUJARAT Vs. RAJESHBHAI DHARSIBHAI JAMOD

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr. Manan Mehta for the appellants-State and learned advocate Ms. Harshal Pandya for the respondent-original petitioner.

(2.) This Letters Patent Appeal by the State is directed against common judgment dtd. 7/3/2022 passed in group of petitions including Special Civil Application No. 4437 of 2020 to which the present Letters Patent Appeals pertains.

(3.) The petitioners were originally Junior Clerks in the respondent Commissioner of Technical Education and were appointed on different dates mentioned in paragraph 4 of the judgment of the learned Single Judge. They were required to pass pre-service training examination in view of the condition in the appointment orders as per the Gujarat Technical Education Department(Conditions of Service Relating to Clerk's Examination) Rules, 1976. Passing of CCC examination was to be the pre-condition for becoming eligible for promotion to the post of Senior Clerk and for earning the benefit of higher pay-scale. Rules 7 & 8 of the Rules inter alia provided that the employee concerned would be required to pass the examination within the specified time to get promotion.