KANAKRAI H VACHHARAJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner seems to be having a long running battle with the respondent-State and its General Administration Department and the Department from which he retired namely Industries, Mines and Power Department, Sachivalaya, Gandhinagar. The petitioner joined in Government service before independence and was working as a Clerk in the Western India. State Agency at Rajkot. On formation of the State of Saurashtra in 1948, he continued to be a Clerk. He came to be promoted as junior Assistant in the Secretariate of the State of Saurashtra on 1st April 1949. He continued to work as such till the merger of the State of Saurashtra with the State of Bombay on 1st November 1956.

(2.) The petitioner opted not to go to Bombay Secretariate and remained as a Senior Clerk in the office of the Collector, Rajkot where he was promoted as Aval Karkun in the year 1959. On 1st May 1960 the State of Gujarat came to be formed and in course of time on and from 18th June 1960, he started working with the Secretariate of the State of Gujarat as a Junior Assistant and came to be promoted as Senior Assistant on and from 1st May 1961.

(3.) The petitioner was not the only one who did not opt for Bombay State Secretariate and therefore, continued to work at District level in different parts of bigger bilingal Bombay State. The matter was pending consideration before different authorities and being dissatisfied with the decision of the concerned authorities, these employees of the erstwhile State of Bombay started litigation which came to be concluded by pronouncement of the case. The State of Mysore and thereafters its successor State, the State of Gujarat was directed by Honourable the Supreme Court to absorb such candidate in the cadre of Junior Assistant first and thereafter, consider their case for being promoted to the post of Senior Assistant. Pursuant to this direction given in the said judgment, actions came to be taken somewhere in the year 1973 and so far as the petitioner is concerned, it has created lot many problems in his case.