JAYAPARAKASH C SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has moved this Court under Article 226 of the Constitution of India for seeking appropriate placement in the seniority list on the basis of his initial date of recruitment as Supervisor and for consequential benefits accrued therefrom.

(2.) The facts in nutshell are as under.

(3.) The petitioner was appointed as Supervisor on regular basis in Surat District Panchayat with effect from 2.1.1967. As per say of the petitioner, he was confirmed as such on 26.1.1967. The petitioner, thereafter requested his transfer to Bharuch District Panchayat, which came to be accepted and thus, he was transferred from Surat District Panchayat to Bharuch District Panchayat with effect from 9.4.1973. The seniority list showing the position of Supervisor in the State list should have reflected his date of appointment on 2.1.1967 as it is in case of other employees. The benefits of continued position is required to be granted and accordingly his date in the general seniority list ought to have been 2.1.1967 instead thereof, his date was shown to be 9.4.1973 i.e the date on which he was transferred and absorbed in Bharuch District Panchayat.