DHANVANTRAI CHAMPAKLAL KAUSHIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is unfortunate that the petitioner who retired on 31.10.1982, had to approach this Court by way of this petition for getting all the benefits flowing from his promotion in question including the back wages, increments and all allowances, etc. Despite there being a letter dated 21.11.1982 addressed to the Director, Government Printing & Stationery Department by an Under Secretary to the Govt. of Gujarat wherein it is stated in no uncertain terms that in the year 1961 when the petitioner was the seniormost Mono Operator and was eligible under the Recruitment Rules for promotion to the post of Compose Foreman, he was not given this promotion and one Mr.N.K. Vora was appointed as Compose Foreman. It is important to note that it is stated in the said letter that in the matter of Mr.N.K. Vora's appointment as Compose Foreman, the Government by its Memorandum dated 5.8.1972 bearing No.EST/ 2371/ 5165 had made certain relaxation in the matter of educational qualifications and the said relaxation was only qua educational qualifications and not in the matter of 'mode of recruitment'. Thus, a categorical finding of fact is recorded. Taking into consideration the aforesaid facts, it is averred in this very letter that the appointment of Mr.Vora was irregular, but as nobody had objected to the same and now after lapse of so many years, it is felt reasonable not to take any steps but then to do away with the injustice caused to the petitioner (Mr.Kaushik) the promotion to the post of Compose Foreman be granted with admissible benefits.

(2.) Thereafter the Manager, Government Central Press issued order dated 05.08.1983 granting deemed date of promotion to the petitioner in both the cadres, i.e. Compose Foreman and Compose Overseer on 03.11.1961 and 19.04.1967 respectively. The order reads as under: "He will, however, not be entitled to draw any arrears due to above pay fixation for the period from 3.11.1961 to 3.1.1982, i.e. the period from which the pay is notionally fixed and actual date of officiation in the post of Compose Foreman."

(3.) It is against this non grant of arrears and other benefits, the petitioner approached this Court praying that he should be granted all the benefits flowing from his promotion in question including back wages, increment and all allowances, etc. with running interest at the rate of 12% per annum on such amounts.