G N LAKUM Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) The petitioners, in all seven, who were Junior Technical Assistants in the office of the Director of Insurance, have filed this petition under Article-226 of the Constitution of India praying for the direction to the respondent to consider the petitioners as being eligible for promotion to the post of Senior Technical Assistants on their passing the Departmental Examination prescribed by the Government subject to fulfillment of requirement of experience as per the rules. The petitioners have also prayed for the direction to the respondents to confer the petitioners all benefits such as promotion, seniority, pay fixation etc, from the respective date they have passed the Departmental Examination prescribed by the Government. The petitioners have also prayed for the direction to the respondents to confer the petitioners the benefit of higher pay scale on completion of 9- 18-27 years service from the date they became eligible for the same on their passing the Departmental Examination with all consequential benefits.

(2.) Mr.Anand Sharma, learned advocate appearing for the petitioners has not pressed the relief in para 14(B) and (C ) of the petition. The petition was admitted and rule was issued on 17.3.1998. Though the interim relief was refused, the Court has observed that promotion to the post of Senior Technical Assistants that may be given, shall be subject to the result of the petition.

(3.) It is the case of the petitioners that the petitioners have passed the Departmental Examination prescribed by the Government. It is also their case that the promotion from the post of Junior Technical Assistant is available to the post of Senior Technical Assistant. The promotion is governed by the statutory rules framed in exercise of the powers conferred by the proviso to Article 309 of the Constitution called "The Senior Technical Assistant ( in the Directorate of Insurance) Recruitment Rules, 1977. Rule-2 of the said Rules, which pertains to appointment to the post of Senior Technical Assistant, reads as under :-