BHAVNAGAR DISTRICT PANCHAYAT Vs. G S UPADHYAY

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.329/1998.

(2.) The respondent was appointed as Acting Assistant in the Local School Board on 14th September 1954. Thereafter he was appointed as Junior Clerk on 26th June 1957 and he was promoted as Senior Clerk on 30th March 1967. However, later on he was reverted and again promoted on 28th March 1972 to the post of Senior Clerk. Lastly he was promoted to the post of Deputy Chitnis with effect from 24th December 1981. The regular promotion to the post of Deputy Chitnis was equivalent to Head Clerk. The respondent took voluntary retirement on 31st December 1989.

(3.) Learned counsel for the petitioner submitted that Mr. Balim was granted deemed date of promotion to the post of Deputy Chitnis with effect from 27th August 1970 due to the orders of the Tribunal. He further submitted that Mr. Balim joined the service on 1st August 1956 whereas the respondent has joined the service on 26th June 1957. He, therefore, submitted that the respondent is not eligible for deemed date of promotion. Mr. Munshaw pointed out that Mr. G.H. Trivedi was not an employee of Local School Board and therefore the respondent cannot compare with him for deemed date of promotion.