NANTHUBHAI KHODABHAI HELAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original petitioner has filed this appeal under Clause 15 of the Letters Patent challenging the order dated 17.03.1997 passed by the Learned Single Judge of this Court in Special Civil Application No. 8676 of 1995 whereby the prayer made by the petitioner for issuance of a writ of mandamus and/or in the nature of mandamus and/or by any other writ, order of direction directing the respondent State Government to place the petitioner at the appropriate place in the seniority list and, more particularly, at the place between serial No. 98 & 99 before Mr. V. S. Shah and also writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction declaring that the reversion granted to the petitioner on the basis of the seniority list finally published by the respondent on 09.03.1995 is illegal and arbitrary and hence, to grant the consequential reliefs, has been rejected.

(2.) This Court has issued notice on 02.04.1997 and in Civil Application, order of status-quo as on that day was directed to be maintained. The said order of status-quo is in operation till this date. Despite the fact that the appeal is filed in 1997 and only notice was issued on 02.04.1997, the appeal has not yet been admitted nor any rule is issued.

(3.) It is the case of the appellant that the appellant joined the services of the State of Gujarat in Revenue Department as Clerk on 23.12.1968 and he was promoted as Dy. Mamlatdar on 07.05.1979. The appellant passed Lower Revenue Qualifying Examination in December 1982. The appellant also passed the Higher Revenue Qualifying Examination on 07.05.1990. The appellant was promoted as Mamlatdar and joined as Mamlatdar on and from 24.08.1992. Special Civil Application No. 2224 of 1993 was preferred by some Schedule Caste persons for giving them deemed date of promotion to the post of Mamlatdar. This Court passed an order on 26.10.1994 in Special Civil Application No. 2224 of 1993 directing the Government to finalize the seniority list of Deputy Mamlatdar in the State of Gujarat and give deemed date to persons who were left out from promotion. The Court directed that the said question should be considered in accordance with the Rules. Provisional seniority list of the cadre of Dy. Mamlatdar came to be published on 23.02.1994 wherein the name of the appellant was shown at Sr. No. 1597. The appellant, therefore, filed his objections for being placed at Sr. No. 1597. The State Government published the final seniority list on 09.03.1995 considering the direction issued by this Court by an order dated 26.10.1994. The said list was contrary to Rules 7 & 9 of the Lower Revenue Qualifying Examination Rules. The appellant was reverted from the post of Mamlatdar to the post of Dy. Mamlatdar on 06.09.1995. The order itself says that the appellant was promoted when some seniors who were not placed above him in the seniority list were not eligible to be promoted and appellant was being reverted. It is this order which was challenged in Special Civil Application No. 8676 of 1995.