J. P. PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners herein came to be appointed in the Irrigation department as Clerk-cum-Typist in the year 1980 upon undergoing the regular selection mode. On 29/12/1998, the petitioners were rendered surplus and transferred to the Sales Tax Department afresh. The petitioners herein are constrained to approach this Court under Article 226 of the Constitution of India praying for reliefs such as promotion, higher grade in lieu of promotion considering their original post in the original department and has prayed for the following reliefs:

(2.) Heard Mr. S.P. Hasurkar, learned advocate appearing for the petitioners and Ms. Nidhi Vyas, learned AGP appearing for the respondent - State.

(3.) Mr. S.P. Hasurkar, learned advocate appearing for the petitioners, submitted that the petitioners ought not to have been rendered surplus and sent to the Sales Tax Department by way of fresh appointment. It is submitted that in view of the Government Circular dtd. 25/11/1994, ought to have treated the petitioners to be on deputation without deputation allowance and ought not to have permanently transferred the petitioners to the respondent No.2. It is submitted that the petitioners ought to have been treated on deputation because their service in their parent department is not rendered surplus on account of any fault of the petitioners, nor they opted to work in a particular office under respondent No.1 as a course of their voluntary action. It is submitted that it is also not the case of the respondents that they have not undertaken any recruitment in either of the departments after the petitioners were permanently (as alleged to have been) absorbed in service of the respondent No.2. Placing reliance on the aforesaid, it is submitted that the respondent No.1 ought to have given effect of the Circular dtd. 25/11/1994 (page 19) treating the petitioners to be on deputation instead of treating the petitioners as surplus and wipe out their entire service which would otherwise have entitled the petitioners to earn promotion to the second higher grade in lieu of promotion.