P K VASAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both these petitions are inter connected and raising common question of law and facts, they are being disposed of by this common judgment and order.

(2.) Special Civil Application No.3106 of 1995 is filed under article 226 of the Constitution of India by the petitioners who were at the relevant time working in the cadre of Assistant Commissioner of Labour (hereinafter referred to as the ACL) for an appropriate writ, order and/or direction quashing and setting aside the impugned order dated 23-3-1995 of the State Government, respondent No.1 herein fixing the seniority of respondent No.3 i.e. one Shri AK Patel and quashing and setting aside the order dated 24/28-3-1995 giving promotion to the respondent No.3 to the post of ACL. By way of amendment, it is also prayed alternatively to direct the respondent authorities to regularize the services of the respondent No.3 Shri AK Patel and subsequently fix his seniority on that basis from 1978 or from 1976 when for the first time the respondent No.3 had chosen to appear before the GPSC examination and accordingly directing the respondent Nos.1 and 2 to pass appropriate orders about regularization of the services and consequently fixation of seniority of respondent No.3 from the year 1978 or 1976.

(3.) Special Civil Application No.2426 of 1995 is filed by the respective petitioners who were initially working in the cadre of Government Labour Officer (hereinafter referred to as the GLO) for an appropriate writ, order and/or direction quashing and setting aside the order dated 23-3-1995 by which the seniority of the respondent No.3 Shri AK Patel has been fixed in the cadre of GLO, and by which the State Government confirmed the orders contained in the Government resolution dated 14/18th December 1989 showing Shri AK Patel at serial No.46 in the final seniority list of the GLO as on 21-1-1983 considering his period of ad hoc appointment also for the purpose of seniority. By the said order, the Government also was pleased to give the date 21-4-1982 as deemed date of Shri AK Patel's promotion to the post of ACL (being the date of promotion of his junior Shri NH Dave to the said post of ACL) with the benefit of permitting Shri AK Patel to draw the difference of his pay and allowance consequent upon his promotion to the post of ACL from the said deemed date of promotion i.e.21-4-1982 onwards. It is also further prayed for an appropriate order directing the State Government to take appropriate action for re-fixing seniority of the petitioners and respondent No.3 in accordance with law and by further directing the respondent No.1 to fix seniority of Shri AK Patel, respondent No.3 herein in the cadre of GLO w.e.f. 27-6-1994, the date on which his service was regularized and it is also further prayed to quash and set aside the consequential orders dated 24-3-95 and 28-3-1995.