H V BUCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The action of the State Government in not granting the gazetted status to the Stenographers Gr. I of the City Civil and Sessions Court, Ahmedabad is under challenge in this petition. A notification granting gazetted Class-II status to the Stenographers Gr. I was issued by the State Government on 30-4-1986-Annexure "C" (Page 22) to the petition. Pursuant to this Notification, the learned Principal Judge, City Civil and Sessions Court, Ahmedabad on 28-5-1986 implemented the said Government Notification so far as Stenographers Gr. I on the establishment of the Ahmedabad City Civil and Sessions Court, are concerned and he was pleased by his order to grant gazetted Class-II status to them and redesignated them as "Private Secretaries". The Notification of the Principal Judge granting gazetted status to the Stenographers Gr. I of the City Civil and Sessions Court, Ahmedabad, was required to be published in Government gazette and the same was sent by the learned Principal Judge to the Government Printing Press and copies thereof were endorsed to the High Court of Gujarat, Secretary to Government, Legal Department, Sachivalaya, Gandhinagar, Accountant General etc. This Notification generated correspondence between the High Court on its administrative side and the learned Principal Judge, City Civil and Sessions Court, Ahmedabad. The learned Principal Judge by his letter dated 3-9-1986-Annexure "F"-I (Page 28A) to the petition explained his stand and agreed with the High Court that directly the Government Notification may not be applicable but on the principle that equity and equal treatment to the equally situated persons is required to be given, he had acted in this manner and in support of his action he had referred to the judgments of this Court in Special C. A. No. 1957 of 1980 (Coram : N. H. Bhatt, J.) and L.P.A. No. 386 of 1983 arising therefrom (Coram : P. S. Poti, C.J. and S. B. Majmudar, J.). The question before the learned single Judge in the above Special C. A. and also before the Division Bench related to the grant of selection grade to Stenographers Gr. I of the City Civil and Sessions Court and the High Court of Gujarat.

(2.) . Copy of the judgment delivered on 8-12-1982 in Special C. A. No. 1957 of 1980 is produced before me. The relevant portion of the said judgment is also produced at Annexure "A" to the petition. Reading the judgment, it is clear that as many as 14 Stenographers Gr. I working in the Sachivalaya were being given selection grade and the same was denied to the Stenographers Gr. I of the High Court of Gujarat, Stenographers Gr. I of the City Civil and Sessions Court and other Stenographers Gr. I in the State. In that case Stenographers Gr. I recruited through the G.P.S.C. and posted in offices other than Sachivalaya were also excluded and the benefit of selection grade was given only to the Stenographers Gr. I working in Sachivalaya.

(3.) . This action was challenged in the said Special C. A. by some of the Stenographers Gr. I of the City Civil and Sessions Court including petitioners Nos. 1, 2 and 3 herein and some of the Stenographers Gr. I of the High Court and as no reply was filed by the State Government till the date of final hearing the learned single Judge proceeded on the basis of uncontroverted facts and delivered the judgment holding as under :