PRABHATSINGH S JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by this petition, has challenged letter dated 30th December 1982 (Annexure 'A') whereby he has been denied deemed date of promotion to the post of Deputy Mamlatdar.

(2.) The petitioner is a retired Circle Officer. He retired from service on or about 31.1.1981. It is contended by the petitioner, that he was initially appointed as a Ledger Clerk in the year 1946 during the old State of Jamnagar; that the Ledger Clerk was considered equal to Clerk and the cadre was the same; that the Ledger Clerks were getting the same pay and promotion and advantage just as other Clerks were getting; that the petitioner was promoted to the post of Circle Inspector on and from 28th September 1984 and he worked as such till 1975; that from 1975 onwards till his retirement, he worked as Circle Officer in the payscale of Rs. 425-800; that from 22nd July 1948 to 17th September 1948, he undertook the responsibility of the post of Talati by the order of the authority; that the petitioner made a representation on 3.5.1979 to grant him deemed date of promotion to the post of Deputy Mamlatdar, but by the order at Annexure 'A', the same was turned down on the ground that the petitioner cannot be granted the deemed date as he has not passed the sub-service Departmental examination, . and on the ground that in the year 1948, he was in the cadre of Talati.

(3.) From the letter at Annexure "A", it appears that the petitioner was also informed that as per the recruitment rules, the petitioner was not entitled at the relevant time promotion to the post of Deputy Mamlatdar. Aggrieved by the aforesaid letter at Annexure 'A', the petitioner also preferred an appeal to the Revenue Department, which has also been rejected, vide Annexure 'B'.