A C SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A perennial dispute of inequality of opportunity in the matter of promotion to the post of Deputy Engineer in the Electrical Engineering Branch of Public Works Department of the State of Gujarat between Junior Engineers (Degree Holders) and Supervisors (Diploma . Holders) was brought to the Court as back as 1975 and the following directions issued by the Supreme Court of India in Civil Appeal No. 1749 of 1980 has revived this petition for our decision. By judgment and order dated 1 6/03/1993 (reported in 1993 (2) GLR 1304, State v. A. C. Shah), the Supreme Court observed as under (at page No. 1306 para 4) :

(2.) As regards one of the questions regarding difference of length of qualifying service, the Supreme Court has directed that the controversy with regard to the said contention does not survive in view of Roop Chand Adlakha and Ors. v. Delhi Development Authority and Ors., reported in 1989 Suppl. (1) SCC 116 and. therefore, this Court is directed not to advert now to the disparity in length of qualifying service from two sources of promotion. The further observations made in the operative part of the judgment read as under :

(3.) In view of the aforesaid directions, the judgment and order of the Division Bench of this Court dated 26/03/1980, allowing the petition of the Supervisors is quashed and set aside and the said petition is revived before us to decide precisely the question of prescription of ratio between Junior Engineers (Degree Holders) and Supervisors (Diploma Holders) fixed under Deputy Engineer (Electrical) Recruitment Rules, 1978 issued vide Notification dated 4/07/1978. By Rule 2(a) of the said Rules ratio of 2 : 1, i.e., 2 Junior Engineers by one Supervisor is fixed for promotion to the cadre of Deputy Engineers (Electrical) and validity and constitutionality of fixing of this ratio by statutory rule which is to be decided by this Court in light of the pleadings to be made by the petitioners so as to prove unreasonableness or unfairness of the 1978 Rules. The two Division Benches of this Court thereafter on receipt of the writ of the Supreme Court called upon the petitioners to suitably amend the memo of the Spl. Civil Application consistent with the direction issued by the Hon'ble Supreme Court of India. However, the proposed amendment to the memo of the Spl. Civil Application was moved before this Court for the first time on 27th of July, 1993. The proposed amendment was granted and the memo of Spl. Civil Application accordingly stands amended by introduction of para 29.1 to 29.3. It may be mentioned that para 29.3 contains sub-para I to XV. The prayer clause of the petition is also amended by introduction of para 30(2a) inter alia introducing the prayer for issuance of appropriate writ, order or direction for striking down Rule 2(a) of the Deputy Engineers (Electrical) Recruitment Rules, 1978 by declaring them as ultra vires, unfair, arbitrary and violative of Art. 14 of the Constitution of India.