B S MARVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners were directly recruited as Government Labour Officers (GLO) in the Office of the Labour Commissioner Gujarat State sometime in 1971 after being interviewed by the Gujarat Public Service Commission. Their appointments were scrutinised and confirmed by an order dated 6/05/1983 Annexure A to the petition Under the Gazetted Officers (Pre-Service Training and Examination) Rules 1970 (1970 Rules hereafter) the petitioners were required to go for pre-service training and examination which they admittedly did not undertake. The petitioners however contend that all the petitioners were always ready and willing to go for such training and examination and one of them the petitioner No. 1 had actually applied for the same vide Annexure B to the petition. When the question of their pre-service training and examination cropped up the Government issued a resolution dated 16/02/1984 Annexure C stating that in view of the long experience of about thirteen years the petitioners have been exempted from pre-service training and appearing at the examination. Simultaneously the petitioners were promoted to the Class I post of Assistant Labour Commissioners by order dated 16/02/1984

(2.) The petitioners contend that under the second proviso to Rule 3 of the 1970 Rules Gazetted Officers of Class II posts selected for or appointed to Class I posts shall be exempted from undergoing training and passing the relevant examination if they have rendered three years of service on the date of their appointment to Class I posts or have undergone the course and passed the relevant examination as Class II Officers or have passed the departmental examination if any meant for Class II Officers. According to the petitioners since they had rendered more than the required service before they were promoted to Class I posts the petitioners were exempted from pre-service training and examination. Hitherto there is no difficulty.

(3.) After the petitioners were promoted to Class I posts under the Gujarat Labour Department (Conditions of Service relating to Gazetted Officers Examination) Rules 1979 (hereinafter called the 1979 Rules) as amended in 1987 the petitioners were by virtue of Rule 3(1) required to pass the prescribed examination to be eligible for promotion to the next higher post of Deputy Commissioner of Labour. Rule 11A of the said 1979 Rules reads as under: