LAXMIBHAI JIVRAJBHAI PATEL Vs. AHMEDABAD MUNICIPAL TRANSPORT SERVICE

JUDGEMENT

(1.) This Special Civil Application is filed on behalf of the present petitioners five in number working as Conductors in the Ahmedabad Municipal Transport Service (for short "AMTS") all desirous of promotion to the post of Controller. On 17- 11-1995 the notice was issued in this case as to why the petition should not be admitted and finally disposed of at the admission stage. That order by itself is treated as Rule and whereas the pleadings are complete, as requested on behalf of both the sides the matter was taken up for final hearing.

(2.) The petitioners have come with a case that the respondents held oral interviews for the post of Controller in the month of May 1995, on the basis of the seniority in terms of the award of arbitration of May 1991. The principal grievance raised on behalf of the petitioners is that the persons junior to the petitioners have been promoted as Controller and the petitioners have been superseded. The petitioners gave notice for demand of justice to the respondent but no reply thereto was given. In paras 4 and 5 of the petition, the petitioners have given certain names of their juniors and it is alleged that the promotions have been given even to those employees whose service record is not clear.

(3.) It is also alleged that one Ravjibhai Dahyabhai Patel filed a Civil Suit No. 2660 of 1988 in the City Civil Court at Ahmedabad and the City Civil Court passed the order in his favour. The respondent preferred Appeal No. 1387 of 1995 before this Court and the High Court dismissed the appeal of the respondent- AMTS at the admission stage and confirmed the order of the Civil Court. The petitioners gave a legal notice through their lawyer and having failed to get the relief before the respondent the present petition is filed. An affidavit-in-reply dated 13-12- 1995 was filed by the respondent to which the affidavit-in-rejoinder dated 19-12-1995 was filed by the petitioners and thereafter an affidavit-in-sur-rejoinder on behalf of the petitioners dated 10-1-1995 was filed. Additional affidavit-in-sur-rejoinder on behalf of the respondent dated 12-1-1990 has been filed.