PM VEKARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri J.J. Yajnik, learned counsel, submits on behalf of the petitioners that the seniority list impugned in this petition is prepared ignoring the established principle of law for preparing seniority list. The respondents have not only ignored the criterion for continuous officiation, but, have acted in such a manner and given deemed date to persons like the respondents on which they would not have even attained the age of being eligible for Government service. Learned advocate Shri Yajnik fairly admitted that the persons likely to be affected have not been joined as respondents. Though two persons have been joined in a representative capacity, however, as the matter is that of 1997, the Court may issue appropriate direction for considering the representation of the petitioners in light of the established principle of law in respect of preparing this seniority list and applying theory of 'Pushdown', so the interest of justice would be served.

(2.) Shri Yajnik, learned counsel for the petitioners, has submitted that, even on earlier occasion, in respect of Gujarat State Accounts Service (Non-gazetted) Association Vs. State of Gujarat, this Court (Coram: S.K. Keshote, J.) in Special Civil Application No.1920 of 1986, directed the respondent on 01.10.1999, while disposing of the matter, to form a Committee to thrash out the issues.

(3.) Shri Hemant Makwana, learned Assistant Government Pleader, submits that the respondents shall have no objection in considering the representation that may be made by the petitioners. However, some time be granted to decide the same as the matter is that of 1997.