RAJESHKUMAR THAKORBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Promotions on the post of Mamlatdar is the point at issue in this group of petitions. For such promotion, the seniority position in the feeder cadre i.e. as the Deputy Mamlatdar is the first consideration, to be followed by other parameters like merits, pendency of departmental inquiry, if any etc. The dispute is regarding the said seniority position.

(2.) The Revenue Department of the Government of Gujarat has published a seniority list on 07.02.2015, which is under challenge. The said seniority list is showing position of the Deputy Mamlatdars for the period between 01.01.1997 to 31.03.2000. It is the grievance of the petitioners that, the persons who are promoted as Deputy Mamlatdar subsequent in point of time, are shown above them, with the result, they (who are promoted as Deputy Mamlatdar, subsequent to the petitioners) would be considered for further promotion on the post of Mamlatdar, without considering the case of the petitioners. The case of the petitioners is that, those who are junior to them are wrongly shown senior. Initially, this Court had, vide order dated 19.03.2015 stayed the said seniority list dated 07.02.2015.

(3.) During the pendency of this group of petitions, on an application being filed by one of the parties being Civil Application No.5563 of 2015 in Special Civil Application No.4800 of 2015, this Court modified the earlier order dated 19.03.2015 and gave certain directions to the State vide order dated 02.09.2015. Para: 15 of that order reads as under.