R G BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. D. M. Devnani, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondents.

(2.) The challenge in this petition preferred under Article 226 of the Constitution of India, is to the communications dated 31.05.2012 and 16.03.2011, issued by the State Government, whereby the request of the petitioner for counting the services rendered by him with effect from 03.07.1986 to 05.11.1997, with the Gujarat Water Supply and Sewerage Board ("the Board" for short), for the purpose of continuity of service, has been rejected.

(3.) Briefly stated, the facts of the case, as garnered from the averments made in the petition are that, the petitioner initially joined service as an Assistant Engineer in the Board, on 03.07.1986. The petitioner worked as such upto 05.11.1997. Pursuant to an advertisement issued by the Gujarat Public Service Commission, the petitioner applied and was appointed as an Executive Engineer, ClassI, under the State Government after the due process of selection. He commenced working as such from 06.11.1997. The petitioner made a representation to respondent No.2, to grant him continuity of service by considering the period of service rendered by him under the Board, with effect from 03.07.1986 to 05.11.1997. The said representation was not accepted and the decision in this regard was communicated to the petitioner, by a communication dated 16.03.2011. According to the petitioner, the said decision is not only illegal but is arbitrary and discriminatory as well, as a similarly situated person, by the name of Shri A.D.Patel, who was also working for the Board and who joined service under the State Government, was granted the benefit of continuous service for all purposes, including leave, pension, etc.