A T TRIVEDI Vs. SECRETARY CO OPERATIVE DEPARTMENT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners, who were recruited in the cooperative department of the former State of Saurashtra in Class III cadre in the pay scale of Rs. 150-250 and later on they were absorbed in the State of Bombay and ultimately in the State of Gujarat on its formation, filed this petition before this Court with a grievance that their names may be incorporated in the seniority list of class II and class I officers of Gujarat Cooperative Service as if they were not reverted in the year 1961 and on the basis of their original promotion given in the year 1959 as class II officers. Further request has been made for direction to respondents No. 3, State of Maharashtra, to finalize the gradation list issued under order dated 31st March, 1978 with all consequential benefits.

(3.) The facts of the case which are necessary for disposal of this Writ petition, in brief, are that the petitioners were recruited in the cooperative department in the former State of Saurashtra in the class III officer cadre in the pay scale of Rs. 150-250 which came to be merged in the State of Bombay on 1.11.1956. As the petitioners were the employees of the State of Saurashtra which merged in the State of Bombay, their service conditions could not have been varied to their disadvantage without prior approval of the Central Government. The Government of Bombay framed above Rules under Art. 309 read with proviso to Sec. 115 of the State Reorganization Act, 1956. A gradation list was to be prepared by the Government of Bombay of the allocated employees absorbed from different States like Bombay, Hyderabad, Saurashtra and Kutch. Rule 9 of the Allocated Government Servants (Absorption, Seniority, Pay & Allowance) Rules, 1957 makes a provision also that the interse seniority of the allocated employees cannot be disturbed. The Government of Bombay was firstly required to equate the different posts which were existing in different States and which came to be merged with the Bombay State and then to prepare the common gradation list of the posts absorbed as on 1.11.1956. The Government of Bombay equated the cadres drawing different pay scales for the purpose - of absorption and gradation list by treating Ex-Saurashtra employe in the cadres on Rs. 150- 250, Rs. 140-180 and Rs. 125-160 at par for the purpose of gradation list. Under the order dated 24th December, 1958 of the Registrar, Cooperative Department, Bombay State, the petitioners were absorbed in the grade of Rs. 150-200 though they were in the scale of Rs. 150-250 in the Ex-Saurashtra State. So, the petitioners were absorbed in the lower cadre. The petitioners were promoted to class II post by the Government of Bombay under the order dated 26th October, 1959. With effect from 1.5.1960 Gujarat State was formed. On that date, the petitioners were holding the post of class II officers. On formation of Gujarat State, the petitioners were allocated to the Gujarat State.