M S TRIVEDI Vs. SUPERENTENDING ENGINEER

JUDGEMENT

(1.) Rule. Mr.H.S.Munshaw, learned counsel waives service of Rule on behalf of the respondents.

(2.) What is challenged in this petition under Article 226 of the Constitution of India is the orders dated 25.06.2003 and 8.7.2003 [ Annexures-J and K respectively] passed by the Superintending Engineer, Public Health Circle [ Zonal ], Ahmedabad cancelling the order dated 24.10.2000 [ Annexure-H ] by which the petitioner was granted deemed date of 8.11.1988 for promotion to the post of Senior Clerk.

(3.) To appreciate the controversy involved in the petition, it is necessary to refer to the following facts. The petitioner was appointed as a Typist under the respondent Board on 7.5.1982. On 31.8.1984 the seniority list of the Typist / Junior Clerks came to be published by the authority, wherein, the name of the petitioner was shown at Serial No.24. On 24.11.1986 the petitioner was selected for 99th P.W.D. Training Class by the concerned authority. However, the Deputy Executive Engineer under whom the petitioner was working, did not relieve the petitioner for the said training because the petitioner was engaged for special scarcity work and, informed the Head Office accordingly on 4.12.1986. The Chief Administrative Officer conveyed this fact to the State Government in R & B Department on 16.12.1986. Thereafter, by letter dated 2.8.1988, the petitioner was deputed for training in 108th P.W.D. Training Class which was to begin from 1.3.1989. The petitioner underwent the said training and passed the post training examination at the first attempt as per the result declared on 12.9.1989 [ Annexure-D]. However, in the mean time on 8.11.1988 several of the petitioner's juniors were promoted as Senior Clerks on the ground that they had passed the examination which was held after training at 99th Training Class. After the petitioner passed the examination, the petitioner made representation in 1989 requesting the authorities to give the petitioner promotion with deemed date of 8.11.1988 when juniors to the petitioner were promoted. By order dated 24.10.2000, the respondent Board directed the Superintending Engineer to give the petitioner seniority in the cadre of Senior Clerks with effect from 8.11.1988 when the petitioner's juniors were promoted. This was done after recording the fact that when the juniors of the petitioner were sent for training, the petitioner could not be relieved because of urgent scarcity relief work. Pursuant to the aforesaid order of deemed date, the Superintending Engineer promoted the petitioner as Senior Clerk on 19.5.2000 with deemed date 8.11.1988. Thereafter, in November, 2003 the Superintending Engineer has passed the impugned orders dated 25.6.2003 and 8.7.2003 [Annexures-J & K] cancelling the previous order granting deemed date.