KANTILAL KUBERDAS CHAUHAN Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is holding the post of cadre of Gujarat Agricultural Services Class-II, filed this writ petition before this Court praying therein for quashing of the order at Annexure-E and Annexure-J dated 1st June, 1979 and 10th March, 1983 respectively under which the authorities have not accepted this option of the petitioner for the agricultural services. The petitioner was directly recruited through the Gujarat Panchayat Service Selection Board to the post of Agricultural Officer Grade-I and he was appointed vide order dated 14th February, 1977 in the office of the Amreli District Panchavat. The petitioner was not aware at the time of recruitment till 17th March, 1979 that he has to submit his option either to the post of Agricultural Service Class II or Gujarat Development Services Class-II. The petitioner states that he was not given any option form at the relevant time. He has also not been informed by the District Development Officer under whom he was working that he is entitled to fill in the option form within four months for promotion in the Gujarat Agricultural Services Class-II or Gujarat Development Services Class-II. In view of this fact, the petitioner has filled in his option form on 22nd March, 1979 and he has opted for Agricultural Services. The Agricultural Officer immediately forwarded the aforesaid option application of the petitioner to the Director of Agriculture, Ahmedabad, vide letter dated 24th April, 1979, the copy of which is submitted at Annexure-C to this petition. The Director of Agriculture, in its turn, vide its letter dated 23rd May, 1979 informed the Agricultural Officer, Amreli, that as the petitioner has not submitted his option in time, he should be treated to have opted for Gujarat Agriculture Development Officers Class-II. The petitioner on coming to know about the direction submitted the representation to the said officer on 29th December, 1980 and given out therein that he was not informed of his right to exercise option for either of the services.

(2.) The Gujarat Panchayat Service (Promotions to Cadres in State Services) Rules, 1974, makes a provision for submission of the option in writing to the District Development Officer and to the Head of the Department concerned within four months from the date of the publication of these Rules and in case those who are appointed to the posts specified in column No. I after the publication of these rules within four months from the date of their appointment to such posts. These Rules were amended in the month of October, 1978 and it has been ruled out that in case those who have failed to exercise their option within the period of four months shall be deemed to have opted for the Gujarat Development Service Class-II. The petitioner has stated that three persons who were similarly situated filed Special Civil Application No. 221 of 1979 before this Court. One another person has filed Special Civil Application No.219 of 1979 and in those writ petitions the identical question as regards the exercise of option was raised and this Court has held that the authorities shall treat the option exercised by the petitioners therein as valid and effective. After coming to know about the decision given in those two writ petitions as referred to here in above, on 1st December, 1982, he submitted a representation to the Department on 13th December, 1982 for accepting his option for Gujarat Agricultural Service Class-II and for giving him promotion accordingly. The petitioner was informed by the Additional District Agricultural Officer, District Amreli, vide letter dated 10th March, 1983 that his option form did not reach in time and therefore it was not accepted. The two orders dated 22nd November, 1979 of the Director of Agriculture and 10th March, 1983 of Additional District Agricultural Officer are challenged in this writ petition.

(3.) The respondents have contested this writ petition by filing reply to the same.