R V RAYJADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) The petitioners, in all 25 in number, filed this Special Civil Application and claim has been made that the action of the respondents not to consider the petitioners for promotion to the cadre carrying a pay scale of Rs. 425-700, be declared to be illegal, null and void.

(3.) The petitioners were originally appointed in the cadre of Surveyor/Clerk between the period 15th January 1951 to 1st August 1955, in the then State of Saurashtra. The petitioners have passed the sub-service Departmental Examination and they were promoted to the post of Maintenance Surveyors. The petitioners have given out in the writ petition that the present pay scales of the post of Surveyor/ Clerk and Maintenance Surveyor are Rs. 290-489 and Rs. 380-560 respectively. All the service conditions of the petitioners were to be governed by the Rules and Regulations framed by the State of Saurashtra from time to time. The petitioners have come up with the case that at the time of their appointment, the Rules for appointment and promotion were not framed by the State of Saurashtra but the appointment and promotions were governed by the provisions of the Manual. Chapter 9 of the Manual deals with the Rules for appointment, promotion etc. of the District Inspectors and members of the Land Records and staff subordinate to them. Under these Rules, the criteria for promotion to the higher grade was according to the seniority of the employee as shown in the gradation list of next lower post. These Rules further provide for a condition on the employee who is selected for promotion to the higher post to pass the sub-service Departmental Examination within a period of three years from the date of enlistment and confirmation on the promotional post would be subject to passing of the aforesaid examination.