CHIMANBHAI BECHARBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The petitioners challenge the order dated 26-5-1981 of the District Development Officer, District Panchayat, Kheda, under which respondents No. 4 and 5 were ordered to be promoted to the post of Deputy Accountant in Accounts Group II. The facts of the case which are necessary for the disposal of the writ petition briefly stated are as under.

(2.) . The petitioners were appointed on the post of Computer-operator on 22-10-1972, 5-12-1972 and 15-3-1973 respectively in the office of the District Panchayat, Kheda. It is not in dispute that the recruitment and other service conditions of the servants of Kheda District Panchayat are regulated under the provisions of the Gujarat Panchayat Services (Classification and Recruitment) Rules, 1967 (hereinafter referred to as "Rules of 1967"). Under the provisions of the Rules of 1967 two cadres were to be constituted, namely, common clerical cadre and common accounts cadre. Accordingly, vide notification dated 13-5-1977 two cadres were constituted. The employees who were working in the office of the District Panchayat, Kheda, were directed to furnish their option to be absorbed in the cadre concerned. These options were invited, as stated by the petitioners, vide letter dated 14-7-1978 of the concerned officer. The petitioners submitted their option within the prescribed time-limit and had opted for their absorption in the common accounts cadre. Vide order dated 24-7-1979 of the District Panchayat, the seniority list of the accounts Group IV was published. It was a provisional seniority against which objections were invited. In this seniority list names of the petitioners were shown at serial No. 19, 20 and 21 respectively in the common cadre of accounts. In the said seniority list names of respondents No. 4 and 5 were placed at serial No. 22 and 25.

(3.) . It has further been stated by the petitioners in the writ petition that many persons, including himself were not given promotion from the seniority list of the Accounts Group IV referred above and as such a joint writ petition, being Special Civil Application No. 3707 of 1980, was filed before this Court. In that writ petition the petitioners as well as respondents No. 4 and 5 were also joined as petitioners. During the course of hearing of the said writ petition, on behalf of the Government a statement was made that the petitioners in the petition will be considered for promotion to the post of senior accounts clerks in accordance with the Rules of 1967. In view of the aforesaid statement made by the respondent-Government, petitioners had not pressed that petition before this Court. After dismissal of the said writ petition the petitioners were promoted to the post of senior accounts clerks vide order dated 16-11-1981. A provisional seniority list of the post of Accounts Group III, i.e., senior accounts clerks, was published by order dated 10-9-1984 by the District Panchayat. In the said list the petitioners' names were shown at serial No. 25 and 26 whereas respondents No. 4 and 5 were shown at serial No. 27 and 28. The channel of promotion from the cadre of senior accounts clerks is provided to the post of Deputy Accountant, Accounts Group II, on the criteria of senioritycum- merit. Promotion was given to the post of Deputy Accountant to the persons whose names were there upto serial No. 23 in the said senority list on 10th September, 1984 and as such the petitioners were due to get promotion.