G G SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of the instant petition, filed in the year 1991, the petitioners who were appointed on the post of Deputy Engineer (Civil) Class-II, in the year 1980 and 1982, seek the following reliefs:-

(2.) Out of the five petitioners herein, as stated in the writ petition, the petitioner No.1 had completed B.E.(Civil) Examination in the year 1978. The petitioner No.2 passed B.E. (Civil) Examination in the year 1979. Petitioners No.3 and 4 in the year 1978 and the year of passing of B.E. (Civil) Examination of the petitioner No.5 has not been disclosed in the writ petition. It is stated therein that after passing the B.E. (Civil) examination, being eligible for consideration for the vacancies of Executive Engineer (Civil) in the quota of direct recruitment, the petitioners were entitled to undertake the selection process, however, no competitive examination was conducted by the Gujarat Public Service Commission (in short as "the GPSC). It is stated that as the State Government did not hold any competitive examination for direct recruitment to the post in Gujarat Service of Engineers (Class-I and Class-II) from 1968 to 1980 and at the time of selection in the year 1980 after a long time, the direct recruitment vacancies for the posts of Executive Engineer (Civil) Class-I and Deputy Engineer (Civil) Class-II, were computed only for the year 1980. In absence of any competitive examination for direct recruitment from 1968 to 1980, the promotions in excess of the promotion quota were made in both the cadres. The contention, thus, is that there was a requirement to compute the vacancies of direct recruitment quota even prior to the year 1980, which were filled up by the promotees, so as to make more direct recruitment. The competitive examinations in two batches were held in the year 1980 for filling up only 22 posts of Executive Engineer and 104 posts of Deputy Engineer. The petitioners No.1 to 5 participated in the examination and upon being declared qualified, they got selection to the posts of Deputy Engineer. The contention further is that on account of less number of vacancies notified of the post of Executive Engineer (Class-I), wrongly computed by the Department, the petitioners did not get chance for consideration against the direct recruitment quota vacancies of Executive Engineer (Class-I), in the combined competitive examination, wherein the petitioners had qualified.

(3.) From the statement made in the writ petition, it may be noted that the petitioners No.1 joined as Deputy Engineer on 4/12/1980; petitioner No.2 joined on 14/12/1982; petitioner No.4 joined on 8/12/1981 and petitioner No.5 joined on 16/12/1982. In so far as the petitioner No.3 is concerned, he had appeared in the combined examination held in February, 1982 for filling up 12 posts of Executive Engineer (Class-I) and 65 posts of Deputy Engineer. Petitioner No.3 was selected and appointed as Deputy Engineer on 6/12/1983.