BHAVNAGAR DISTRICT PANCHAYAT Vs. NIRMALABEN N DAVE

JUDGEMENT

(1.) In this petition the petitioner challenged the order dated 20th June 2001 passed by the Gujarat Civil Service Tribunal, Gandhinagar in Appeal No.383/1998.

(2.) The respondent was appointed as Junior Clerk in Bhavnagar District School Board from 1.8.1956 and she was transferred to Bhavnagar District Panchayat as Junior Clerk. The respondent was promoted to the post of Senior accounts Clerk on 16.6.1970 and thereafter to the post of Deputy Accountant. The respondent retired from service on 28th February 1989.

(3.) Learned counsel for the petitioner submitted that the channel of promotion of the respondent and Mr. Balim was different. He submitted that Mr. Balim had opted for clerical cadre while the respondent had opted for Accounts cadre and as their channel of promotion was altogether different, the respondent cannot claim the benefit extended to Mr. Balim. Mr. Munshaw pointed out that the cases of Mr. Chauhan and Mr. Shah were wrongly relied upon by the Tribunal as they were from different authorities. He submitted that therefore the respondent cannot compare with them for deemed date of promotion.