NITIN S VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) "Whether any post in the hierarchy of the State administration can ever be said to be equivalent merely because the concerned authority deems it proper to describe it to be at par with regard to the pay scale, cadre and inter-se transfer ?" This indeed is a short question which has cropped up for determination in this writ petition in the context of following facts.

(2.) Facts : Petitioner Dr. Nitin S. Vora who was already serving as a Medical Officer in E.S.I.S. Hospital at Ahmedabad, in response to an advertisement given by Gujarat Public Service Commission in Gujarati daily 'Sandesh' dated 15-10-1988, applied for the post of Deputy Director, Medical Services, E.S.I.S., Ahmedabad [for short Dy. Director']. In pursuant to the said application, petitioner was called for interview by G.P.S.C., and thereafter, by communication dated 21-8-1990 [Annexure A'] he was informed that he was found to be fit for the post of Dy. Director, and his name has been placed at Sr. No. 1 in the 'Select List', and accordingly, was recommended to the State Government for appropriate orders of his appointment. Thereafter, by an order dated 25-9-1990 [Annexure 'B'], the State Government transferred Mr. M. B. Trivedi - respondent No. 3 herein, working as Superintendent Class-1, E.S.I.S., General Hospital, Bapunagar as a Deputy Director at Ahmedabad and on his place, petitioner was appointed as Superintendent Class-1 . Not only that but by virtue of Clause-3 of the said Order, petitioner was further directed to resume the said charge from the date of orders failing which his appointment shall be deemed to have been cancelled . Under the circumstances, the grievance voiced by the petitioner is to the effect that though he was a direct recruitee for the post of Deputy Director [Class-1] in the office of E.S.I.S. at Ahmedabad and that his selection was also made directly for the said post only by Gujarat Public Service Commission, yet by an Order dated 25-9-1990 he has been wronged by giving posting of Superintendent Class-1 at Bapunagar by arbitrarily and illegally denying his rightful appointment as Dy. Director at Ahmedabad . It is under these circumstances that the petitioner has been constrained to move this Court under Arts. 14, 16 and 226 of the Constitution of India challenging the impugned Resolution dated 25-9-1990 of the respondents inter alia praying for [i] quashing and setting aside the said order to the extent of his posting as Superintendent Class-1, Bapunagar General Hospital; and [ii] for directions to be given to the respondents to give him posting as Deputy Director, E.S.I.S. at Ahmedabad w.e.f. 25-9-1990.

(3.) Mr. Nanavati, the learned Advocate for the petitioner while vehemently challenging the impugned action/order of the respondents pursuant to the Resolution dated 25-9-1990 contended that the same on face of it was patently perverse and illegal on two counts, namely - [i] that though the petitioner was specially selected by G.P.S.C. directly for the post of Deputy Director only, yet circumventing the said selection, he has been given post sub-ordinate to the post of Deputy Director and [ii] that Dr. M. B. Trivedi who was simply working as Superintendent Class-1 though was not legally entitled to be appointed to the post of Deputy Director, and yet by over-stepping the right of petitioner, he came to be posted as Deputy Director, Ahmedabad . Mr. Nanavati further submitted that it is indeed too difficult to understand this pick and choose policy of the respondent-Authorities by giving totally discriminatory treatment to the petitioner who was otherwise legally entitled to be posted as Deputy Director, E.S.I.S, at Ahmedabad. Mr. Nanavati en the basis of aforesaid submissions finally waged that the impugned order dated 25-9-1990 to the extent of posting petitioner to the post of Superintendent Class-1 at Bapunagar General Hospital being ex-fade arbitrary, unjust and illegal, the same deserves to be quashed and set aside, and that the respondents be accordingly directed to at once give him posting at Ahmedabad as Dy. Director.