D M BUCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these writ petitions filed by the same petitioner raise almost identical questions of facts and as such they are being disposed of by this common order. The petitioner was appointed, after having been selected by GPSC in the year 1979 as Taluka Development Officer, Class II post. He joined the service on 6.12.1979. One post of Deputy District Development Officer (Scarcity) at Jamnagar came to be created by the Government. The petitioner was given urgent temporary promotion to the temporarily created post which post he joined on 20th January, 1986. Under order dated 2-4-1986 of respondent No.1 some officers of Class II were transferred and posted on promotion to class I posts i.e., Deputy District Development Officers. Name of the petitioner was not there in that order. The promotion of the Officers named in the order dated 2-4-1986 has been made on the recommendation of the Departmental Promotion Committee. The petitioner has come up with the case that many officers named in the order dated 2-4-1986 are juniors to him in the cadre of Class II, and the petitioner has been superceded in promotion. In place of petitioner respondent No. 4 in special Civil application No. 1978 of 1986 was posted as Deputy District Development Officer (Scarcity), Jamnagar. This order dated 2.4.86 of promotion of respondent No.4 has been challenged by the petitioner in special civil application No. 1978of 1986. The petitioner has been reverted on non-recommendation of his name for promotion by the Departmental Promotion Committee.

(2.) Thereafter the petitioner was promoted from the cadre of Gujarat Development Service Class II to the Gujarat Development Service Class I, under order dated 1-4-1987 and he was posted as Deputy District Development Officer, District Panchayat, Kachchh. It was a provisional promotion on the recommendation of the Departmental Promotion Committee. The petitioner filed special civil application No. 108 of 1990 having the apprehension that he is likely to be reverted from the post of Deputy District Development Officer Class I vide order of the Government bearing No. ISR/1086/1792/Z dated 5-1-1990. It has further been mentioned by the petitioner that as a matter of fact the order of reversion has already been passed. But the copy of the order has not been produced by the petitioner. In special civil application No. 108 of 1990 this Court issued rule on 29th January, 1990 and also granted ad-interim relief in terms of para 12 (c), meaning therby the respondents were restrained from implementing the reversion order dated 5-1-1990. This interim relief is continued till this date.

(3.) Respondents have contested both the writ petitions. Reply to the writ petitions has been filed in both the cases. Respondents have come up with the case that the petitioner was superceded under order dated 2-4-1986 and consequently reverted as he was not adjudged suitable for promotion to the Gujarat Development Service Class I service as he could not stand to comparative merit. It was only urgent temporary promotion which has been given and when he was not adjudged suitable for promotion he has rightly been reverted. Fitness for promotion of the petitioner is adjudged by overall performance during the last five years. In special civil application No. 108 of 1990 the respondents have come up with the case that the petitioner was provisionally adjudged suitable by the Departmental Promotion Committee in its meeting held on 8-12-1986, 22-12-1986 and 5-1-1987. The Departmental Promotion Committee examined the confidential reports and decided to include the name of petitioner in the provisional list subject to the approval of G.P.S.C. Recommendation of the Departmental Promotion Committee was forwarded to the Gujarat Public Service Commission by the respondents, but G.P.S.C. vide its letter dated 21st January, 1988 informed the Government that inclusion of the petitioner in the select list of Gujarat Development Service Class I is not approved, and advised to drop his name from the provisional select list. Since the petitioner was given provisional promotion, on non-approval of his name for inclusion in the select list by G.P.S.C. the dorder of his reversion from the post of Deputy District Development Officer has been passed on 5-1-1990. The reversion of the petitioner under order dated 5-1-1990 is stated to be justified in the facts of the case.