BHARTIBEN A SHETTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for quashing and setting aside the order dated 08. 01. 97 and thereby directing the authorities to consider the petitioner's seniority over the respondent no. 3 and further directing the respondents to give all consequential benefits as if the petitioner is considered and treated senior to respondent no. 3.

(2.) THE brief facts deserve to be narrated in order to appreciate the controversy in the present petition and the same are as under:

(3.) MR Ketan Dwivedi, learned AGP appearing for the respondent has resisted this petition on the ground of delay and latches. He has contended that the petitioner's service was regularized vide notification dated 27. 06. 73 in pursuance whereof examination was conducted in the year 1973 and she was declared successful on 22. 11. 73 and thereafter her seniority was required to be determined in accordance with the notification by 02. 01. 74 produced at page 94. Mr Dwivedi has further submitted that the petitioner was irregularly appointed in the initial stage and as her service could be regularized only after her passing the examination in the year 1973 she would be governed by the resolution dated 02. 01. 74. The resolution dated 02. 01. 74 clearly stipulates that such employees are to be treated to have been regularized under this resolution and therefor the date of appointment is to be considered as 02. 01. 74 i. e. the date of the notification itself and the seniority is to be governed accordingly.