RASHMIBEN KANTILAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Special Civil Application is filed under Article 226 of the Constitution of India initially for an appropriate direction quashing and setting aside the impugned order of reversion dated 05.08.1996 and subsequently by amendment the petitioner has prayed for declaration of order to hold that the seniority of the petitioner should be fixed on the basis of date of appointment i.e. 30.07.1980 and further to hold that the seniority lists dated 29.09.1995 and 20.05.1996 are illegal and bad in law in as much as the seniority of the petitioner is not fixed on the basis of date of joining the services.

(2.) The facts leading to the present Special Civil Application in nutshell are as under:

(3.) Mr. Shalin Mehta, learned Advocate appearing on behalf of the petitioner has vehemently submitted that the action of the respondents in considering the date of appointment of the petitioner as 21.03.1984 is absolutely illegal and arbitrary. It is submitted that the petitioner was appointed on Centralized Recruitment Scheme and was initially appointed to the post of Gujarati Clerk Cum Typist in the Office of District Treasury Office, Rajkot. However, subsequently, she was declared surplus by letter dated 20.03.1984 and thereafter, the petitioner was absorbed and/or posted under the Assistant Director, Food and Drugs, Rajkot Circle and on the very next day i.e. on 21.03.1984, the petitioner joined the services under the Assistant Director, Food and Drugs Department, Rajkot Circle. It is submitted that therefore, the services of the petitioner should be treated as continuous and for the purpose of seniority the date of appointment should be considered as 30.07.1980. Mr. Mehta, learned Advocate has relied upon Circular dated 23.12.1977 issued by the General Administration Department, Government of Gujarat for fixation of seniority of persons selected in the Centralized Recruitment scheme. It is submitted by him that by the aforesaid scheme, the seniority so fixed shall remain undisturbed in the event of reallotment of the candidate from one office to other office for administration convenience if there is no break in the service. Therefore, it is submitted that fixation of seniority of the petitioner considering date of joining as 21.03.1984 instead of 30.07.1980 is absolutely illegal and contrary to the Circular and Notification issued by the State Government. Mr. Mehta, learned Advocate has also relied upon the Notification dated 30.03.1994 and has submitted that as per the said Notification the seniority of the Clerks and Clerk-Typists should be governed on the principle of continuous officiation. Therefore, it is requested to allow the present Special Civil Application.