B R ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners who are Probation Officers in the pay-scale of Rs. 425-700 have filed this petition claiming promotion to the higher post carrying the pay-scale of Rs. 550-900 mainly on the ground that the officers junior to them are promoted to the higher post

(2.) It appears that in the Directorate of Social Defence there is a common cadre of officers in the pay-scale of Rs. 425-700 which cadre consists of Probation Officers under the Probation of Offenders Act and other posts. Petitioner No. 1 was appointed as Probation Officer on 1/02/1964 and petitioner No. 2/01/1963 Both the petitioners were later on confirmed in the said posts. There is another common cadre in the Directorate of Social Defence carrying pay-scale of Rs. 550-900 to which promotion is made from the lower common cadre in the pay-scale of Rs. 425-700. There are about 10 posts carrying the pay-scale of Rs. 550-900 and they have been pooled together for the purpose of recruitment. These posts are filled in by direct selection and promotion as per the Government Notification No. EST/1064/33492(12)-Chh dated 9/02/1970 The Directorate of Social Defence is concerned with social security of men and women and it runs various institutions such as after care hostels home for crippled children home for mentally deficient children District Shelters and Reception Centres. Reception centres have been established under the programme of social and moral hygiene and after care services Women Who are destitutes deserted unmarried mothers victimised ill-treated rejected and also those who are in moral danger are admitted to these institutions. These centres are also declared as Protective Homes under the Suppression of Immoral Traffic in Women and Girls Act 1956 The services which are rendered to these women include education vocational training treatment and rehabilitation for which no charges are recovered. It is stated that there are seven reception centres in Palanpur Palitana Surendranagar. Godhra Bharuch Cambay and Vansda where only lady officers are required to be appointed as Lady Superintendents as heads of the institutions.

(3.) There were common recruitment rules for Superintendents/ Lady Superintendents for District Shelters State Home and Reception Centres. These rules it appears were flamed under Government Resolution dated 3/10/1959 Thereafter by Government Resolution dated 9/02/1970 separate Recruitment Rules were framed for Superintendents of District Shelters. So far as recruitment of Lady Superintendents for Reception Homes was concerned the aforesaid common Recruitment Rules continued to apply. The said common Recruitment Rules provide for two sources of recruitment namely (i) by nomination; and (ii) by promotion of suitable members of Social Defence Department. The grievance of the petitioners is that Lady Officers who were junior to them in the common cadre were promoted to the higher post of Lady Superintendents while they continued to be in the same post carrying lower pay-scale. Their further grievance is that even some of the male officers who were junior to them were given promotion to higher post ignoring their rights: The contention of the petitioners is that they should be considered to be eligible for appointment to the post of Lady Superintendent and promotions given to the Lady Officers who were Junior to them to such posts should be quashed and set aside. It was further contended that in any case they should be promoted or deemed to have been promoted from the date their juniors were promoted to the higher posts