P M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of this petition under Art. 226 of the Constitution of India has challenged the action of the respondents in not considering his case for promotion and absorption to Class II services of the State Government and has prayed to direct the respondents to consider his case for promotion to Class II services of the State Government on the basis of his position in the seniority list issued by the respondents from time to time showing positions of the employees working as Agriculture Officers, Grade I and to promote him with effect from the date his junior had been promoted to the Class II services with continuity of service and difference of salary.

(2.) By way of interim relief, the petitioner prayed for restraining the respondents, their servants and agents from making further promotions of the officers junior to him to Class II services of the State Government. While issuing notice on the petition, ad-interim relief was granted by this Court. However, it appears that on Civil Application No. 2837 of 1983 filed for modification of the ad-interim relief, this Court on 22nd July, 1983 passed an order to the effect that one post in Gujarat Agriculture Service Class II be kept vacant and that promotions to Gujarat Agriculture Service Class II would be subject to the result of this petition.

(3.) The petitioner was initially appointed as Junior Statistical Assistant in the Director of Agriculture by an order dated 1st May, 1962. The petitioner appeared at the department examination in Accounts of the Agriculture Section held by the respondents on 27th, 28th and 29th January, 1963 and was declared successful by an order of March 1963 (Annexure "A" to the petition). According to the petitioner, the said examination was conducted for promotion to Class II and Class I posts. In June, 1963 the petitioner was transferred as Agriculture Supervisor at Nadiad. He resigned this post for personal reasons in September, 1963.