BALUBHAI A DUDHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common questions of law and facts arise in all these four petitions and a common order dated 23.10.1996 has been challenged in all these petitions, they are being disposed of by this common judgment and order.

(2.) SO far as Special Civil Applications No. 8665 of 1996, 1233 of 1997 and 1235 of 1997 are concerned, it is the case on behalf of respective petitioners that the impugned order dated 23.10.1996 reverting them to the post of Junior Clerk is based on wrong fixation of seniority list in the cadre of Clerk and even Senior Clerks. It is the case on behalf of the petitioners that while preparing the final Seniority List in the cadre of Clerk dated 8.7.1993 their seniority ought to have been considered right from 2.11.1979 and/or from the day on which the petitioners came to be appointed and/or joined the services under the Centralised Recruitment Scheme. It is submitted that therefore the seniority list in the cadre of Senior Clerk dated 8.7.1993 was defective. It is submitted that initially a provisional seniority list was published in the cadre of Clerk dated 8.7.1993 and the petitioners were not satisfied with the same and though objections were raised the final seniority list came to be published on 8.7.1993. It is further submitted that when subsequently the final seniority list was published in the cadre of Senior Clerk, the same mistake has been committed and the seniority list has not been prepared in accordance with law and therefore the impugned order reverting the petitioners to the post of Junior Clerk on the basis of defective select list requires to be quashed and set aside. Shri Devnani, learned advocate appearing on behalf of the respective petitioners in Special Civil Applications No. 8665 of 1996, 1233 of 1997 and 1235 of 1997, has vehemently submitted that the impugned order reverting the petitioners to the post of Junior Clerk has been passed on the basis of the defective seniority list in the cadre of Clerk dated 8.7.1993 and also the final defective seniority list in the cadre of Senior Clerk dated 9.4.1996 ignoring their past services after they were recruited under the Centralised Recruitment Scheme and till they joined the present department and therefore same require to be quashed and set aside. It is submitted that their placement in the seniority list in the cadre of Clerks as well as Senior Clerks was not in accordance with law and therefore it is requested to allow the said Special Civil Applications.

(3.) SHRI NA Pandya, learned advocate appearing on behalf of the petitioner in Special Civil Application No. 8597 of 1996 has vehemently submitted that over and above the above submissions made by Shri Devnani in the aforesaid Special Civil Applications, so far as the petitioners of Special Civil Application No. 8597 of 1996 are concerned, earlier they have preferred Special Civil Application No. 11294 of 1993, and learned Single Judge of this Court allowed the said Special Civil Application No. 11294 of 1993 whereby the order of reversion dated 20th October 1993 passed on the basis of final seniority list dated 8.7.1993 was set aside and therefore it is not open for the respondents now again to revert the petitioner to the post of Junior Clerk. Therefore it is requested to allow the present Special Civil Application.