BHIKHUBHAI BHAJGOVIND DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is before this Court being aggrieved of order dated 08.11.1985, a copy of which is produced at Annexure 'C', whereby the petitioner was informed that his seniority will be considered only from the date on which he was appointed as Clerk, i.e. 21.10.1970. The facts of the case are that, the petitioner was selected under Centralised Recruitment Scheme and he was given first posting on 26.03.1968 at the Treasury Office, but then as there was no clear vacancy, on regular incumbent reporting for duty, the petitioner was asked to make room for him. Likewise, the petitioner was appointed in different departments for various duration. But every time he had to move out for one reason or the other. Finally, on 20.10.1970 he was appointed on a clear, vacant post of Junior Clerk, which has arisen on account of promotion of the earlier occupant, Shri C.G. Patel. The petitioner then continued in that Department without being further tossed. The petitioner was then promoted to the post of Senior Clerk in the year 1978. The petitioner continued to work as Senior Clerk.

(2.) The department published a 'tentative' seniority list, wherein the length of service of the petitioner was shown only from '21.10.1970' and not with effect from 26.03.1968. The petitioner made a representation contending that his seniority should be reckoned from 26.03.1968 and not from 21.10.1970. The representation of the petitioner was not accepted and even in the final seniority list which was published vide Circular dated 12.10.1976, the petitioner was accorded seniority only from 21.10.1970 and was placed at serial no.93. Other clerks of the Department, who had joined prior to 21.10.1970 were placed at serial nos.1 to 92. The contention of the petitioner is that, if the petitioner is granted seniority on the basis of continuous officiation from 26.03.1968, when he was first appointed, in the State Government service, in the Treasury Department, the name of the petitioner would be at serial no.26. The petitioner filed an appeal on 03.06.1982 against the final seniority list during the pendency of the appeal, as the petitioner did not hear anything from the Department, he approached this Court by filing Special Civil application No.2333 of 1984. The said petition was heard and disposed of by this Court by judgement and order dated August 1/2, 1985. This Court after recording the facts in detail observed in that judgement and order that:

(3.) The Court after considering other contentions of the learned advocate, representing the petitioner in that petition, observed that,