J D SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these three petitions under Art. 226 of the Constitution common questions arise for consideration in addition to further questions which are confined to some of the petitions. So far as the main two common questions are concerned they pertain to the legality and validity of the Reorganised State Overseers and Deputy Engineers Seniority Lists Rules 1978 (hereinafter referred to the impugned Rules). The second common question pertains to legality and validity of the provisional and final seniority lists of overseers as on 1-11-1956 and the provisional and final seniority lists of deputy engineers as on the same dates framed by the respective authorities in the light of the impugned Rules. As these main questions were common to all the three petitions all these petitions were heard together by consent of the learned Advocates for the respective parties and are being disposed of by this common judgment. We shall deal with the common questions at the outset and thereafter refer to several other points which have been raised in the concerned petitions But before we do so it would be necessary to quickly glance through a few relevant introductory facts leading to the present petitions.

(2.) I. Introductory facts:

(3.) IV. Points for consideration :- In the light of the contentions canvassed by the learned Advocates for the petitioners and the party-in-person Mr. Avasthy the following points arise for our consideration: