BABUBHAI BHIKHABHAI SURTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of this petition under Art. 227 of the Constitution of India, challenges the order at Annexure "C" in Appeal No. 530/80 dated 8th June 1982 passed by the Gujarat Civil Services Tribunal qua non-payment of arrears of pay and allowances for the period from August 11,1977 to 24-1-1980.

(2.) This petition was originally filed through learned Advocate Mr. M.K. Joshipura. After his death, fresh notice was issued to the petitioner for filing necessary appearance in the matter which was served on him on 25-2-92. However, till date neither any appearance is filed on his behalf nor any application is made by him requesting this Court to give him personal hearing as and when the matter is called out for hearing. To-day when the matter is called out for hearing, the petitioner is not present. Since the petition is of 1983, the same is being disposed of on merits, even in absence of the petitioner, after perusing the case papers.

(3.) As averred in the petition, the petitioner belongs to Schedule Caste. He joined the services in the District Panchayat, Valsad, as a Junior Clerk on 3-6-66. He was promoted as Statistical Assistant under the said Panchayat with effect from 1st July, 1977. Subsequently he was appointed as Senior Clerk with effect from 14-6-78. It is his grievance that when the question of promotion to the post of Aval Karkum arose in the year 1977, disregarding the government orders of preferential claims under the roster system of the employees belonging to SC and ST. some illegal promotions had been given.