ACHARYA MIHILKUMAR RAMESHCHAN-DRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following relief:-

(2.) The factual matrix in the present case is that, the name of the petitioner figured in the select list for the post of Peon in the establishment of the Gujarat Public Works Arbitration Tribunal, Ahmedabad ["Tribunal" for short]. The Tribunal had given advertisement on 26/9/2001 for the recruitment of Peon (Class- IV) six posts in existing as well as future vacancies. The petitioner had applied to the same. The petitioner's name figured at Sr.No.6 in the select list dtd. 18/12/2004. Despite the correspondence of the respondent No.1, only five posts came to be sanctioned for the post of Peon in the Tribunal. Since the petitioner was at Sr.No.6, the petitioner could not get any appointment. The respondent No.1 requested the respondent No.2 to sanction the 6th post of Peon, however, the same is not sanctioned till date. Aggrieved, the petitioner has filed the present Special Civil Application.

(3.) Mr. R.C.Jani, learned advocate appearing for the petitioner, submits that the petitioner had successfully qualified the selection process and figured in the select list for the 6 posts of Peon advertised by the respondent No.1. He submits that only five posts came to be sanctioned and the 6 th post was not sanctioned by the respondents and therefore, the petitioner, though, was eligible and selected could not get appointment to the said post. He submits that the Tribunal has in its communication to the State Government requested that the 6 th post of Peon is required and the 6 th post of Peon be granted sanction. However, as no sanction was accorded by the respondent No.2 - State Government, the said 6 th post of Peon could not be filled-up by the select list. He, therefore, submits that appropriate direction ought to be passed and the petitioner be directed to be appointed to the 6th post of Peon after due sanction from the respondent - State Government.