STATE OF GUJARAT Vs. S B SHAIKH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9th/10th June, 2014 rendered by the learned Single Judge by which the learned Single Judge has allowed the appeal filed by the present respondent -original petitioner.

(2.) The facts in nutshell are that the respondent -original petitioner was appointed as Clerk in the revenue department on 19.8.1972. Thereafter, he passed post -training examination in April, 1973. It is the case of the petitioner that he passed Sub -Service Departmental Examination (hereinafter referred to as 'SSDE') in year 1984 and thereafter he passed Lower Revenue Qualifying Examination (hereinafter referred to as 'LRQE') in second attempt. It was the grievance of the petitioner that though he passed both the examinations within prescribed chance, his case was not considered for promotion and juniors to him were promoted. Therefore, he preferred Special Civil Application No.29 of 1987. The Division Bench of this Court allowed the said petition by an order dated 8.11.1993. Thus, name of the petitioner was placed at Sr.No.57A in the final seniority list which was published on 18.3.1993. Thereafter, the name of the petitioner was pushed back at Sr.No.196 -A and then at Sr.No.218 in the seniority list. The petitioner therefore preferred Special Civil Application No.1178 of 1995 which was allowed by this Court by quashing and setting aside the said decision and with a direction that if the petitioner's seniority is required to be redetermined, the said exercise shall be undertaken only after affording opportunity of hearing to the petitioner. In spite of such direction, name of the petitioner was not placed at correct place in the seniority list and, therefore, he preferred another petition being Special Civil Application No.8465 of 1999 which was dismissed by this Court with a direction to the respondent not to alter the position without considering the objections raised by the petitioner. In spite of repeated directions given by this Court, name of the petitioner was not being placed at right position and, therefore, he preferred Special Civil Application No.4666 of 2001. This Court, after considering the material on record and submissions canvassed on behalf of learned advocates for the parties, allowed the said petition. The State has, therefore, preferred this appeal challenging the order passed by the learned Single Judge.

(3.) Learned AGP Mr.Devnani appearing for the appellants mainly contended that the concerned officer of the appellants filed an affidavit in the petition wherein it has been pointed out that petitioner has not passed the LRQE within prescribed chances and period. The chance of the petitioner started from May, 1982 which was the first trial and thereafter petitioner gave almost eight trials between August, 1982 to December, 1985. Even after so many trials, the petitioner did not pass LRQE within the prescribed chances and period. The petitioner is a late latif and he lost his original seniority of the clerk cadre. However, learned AGP has fairly submitted that the concerned officer has, through oversight, filed the said affidavit and therefore the said affidavit was explained and clarified by filing another affidavit wherein it has been stated that the petitioner has passed SSDE in September, 1984 and thereafter he was eligible for LRQE. The petitioner passed the LRQE in December, 1985 after two trials. However, during the period between August, 1982 to December, 1985, eight times LRQE was declared but the petitioner could not avail this opportunity of giving LRQE due to late passing the SSDE in September, 1984 and therefore his juniors availed the opportunity of giving examination and passed within the prescribed period and chances and, therefore, the juniors to the petitioner are placed above the petitioner in the seniority list.