BABULAL DANABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the order dated 05.07.2012 passed by the learned Single Judge in Special Civil Application No. 16026 of 2011, whereby the petition was dismissed on the ground of delay and latches.

(2.) THE case emerging out from the record is that the petitioner was appointed as Assistant Sanchalak in the year 1959 in Backward Class Welfare Board in the erstwhile Saurashtra State. He joined the said service on 5.5.1959. After reorganization of States and bifurcation of Saurashtra and Gujarat State from Bombay, the services of the petitioner was allocated to Panchayat. It also appears that the seniority of the petitioner was given from time to time and he was also granted deemed date promotion with effect from 17.4.1965, as senior clerk.

(3.) THE present petitioner contends that Mr.N.N.Bhatt who was junior to him has been promoted as Senior Clerk from 17.04.1965 and therefore, he should also be granted the same benefits. His fixation of pay was finalized in the year 2008 and order was passed by District Welfare Officer. He has noticed that though, the petitioner was shown to have been granted deemed date promotion but it was also clarified that he would not be entitled to monetary benefit from 1.9.1965 to 1980 i.e. the period during which, he was also granted promotion on the basis of deemed date. Therefore, he made representation as well as he approached Lok Adalat in order to finalize his claim by respondent and pursuant to the order passed by the Lok Adalat, the authority did not take any action with regard to the direction issued therein. On the contrary, he was directed to prefer an appeal before the competent authority and thereafter, the petitioner presented the writ petition before the learned single Judge.