LAWS(GJH)-2007-11-109

KISHORCHANDRA R DAVE Vs. STATE OF GUJARAT

Decided On November 27, 2007
KISHORCHANDRA R DAVE Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner under Article 226 of the Constitution of India has approached this Hon'ble Court for issuance of writ of mandamus or any other appropriate writ, order or direction to the respondents for promoting the petitioner to the post of Overseer in Health and Family Welfare Department with appropriate deemed date as per the record of the Government and to pay the arrears of difference of salaries which has become due and fix the seniority in the Health and Family Welfare Department.

(2.) The facts deserves to be set out as under.

(3.) The petitioner joined his service as Sub Overseer with effect from 2.8.1960 under Amreli Road and Building Division upto 15.6.1968 and thereafter under Bhadar Irrigation Sub-division, Jetpur from 16.6.1968 to 31.12.1969. The petitioner has thereafter served as Sub-Overseer from 1.1.1969 to 9.7.1970 under Amreli road & Building Division, Sub-Division, Amreli and thereafter, as Sub-Overseer under Satrunji Right Bank Canal Sub-Division, Talaja from 10.7.1970 to 21.5.1971. The petitioner has also served as Sub-Overseer under Bhavnagar (R&B) Sub-Division, Bhavnagar from 22.5.1971 to 21.4.1972 and thereafter as Sub-Overseer under Amreli (R&B) Sub-Division, Amreli from 22.4.1972 to 19.4.1973. Thereafter, the petitioner served as Overseer under PWD, R&B, Scarcity Sub-Division, Amreli from 19.4.1973 to 31.8.1973. Thereafter, the petitioner has served as Sub-Overseer under Dhari R&B Sub-Division, Dhari from 1.9.1973 to 31.3.1974 and thereafter as Sub-overseer under Surendranagar R&B, Sub-Division, Surendranagar from 1.4.1974 to 11.5.1975. The petitioner thereafter served as Overseer under Taluka Development, Muli from 12.5.1975 to 31.7.1975 and thereafter again as Sub-Overseer under Surendranagar R&B Sub-Division, Surendranagar from 1.8.1975 to 20.7.1976. Thereafter, the petitioner served as Technical Assistant from 21.7.1975 to 31.12.1976 under Public Health Sanitary Sub-Division, Limdi and Executive Engineer, Public Health Works Division, Surendranagar. Thereafter, the petitioner served as Technical Assistance at Rural Water Supply Investigation Sub-Division, Surendranagar and Executive Engineer RWS, Inv. Division, Ahmedabad from 1.1.1977 till he retired on attaining his age of superannuation i.e on 17.12.1995.