D B BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, employees of the Tourism Corporation of Gujarat Ltd. filed this writ petition before this court and grievance has been made against the seniority list dated 3rd January, 1983, under which they have been given the seniority in the cadre of Accounts Assistant/Sr. Accounts Clerk and Sr. Clerk-cum-Accountant by taking their appointments in the Corporation to be from 1st June, 1980.

(2.) The claim of the petitioner is that they may be treated to be an employee of the Corporation for all the purposes with effect from 1-9-1978.

(3.) The facts of the case are that the petitioners were the employees of the Directorate of Tourism of the Government of Gujarat. The Government of Gujarat decided to develop the tourism on commercial basis and therefore setup a Corporation by forming a public limited company. The said decision has been taken by the Government by its resolution dated 14th March.1975. By another resolution dated 24th July, 1978, the Government decided the question of transferring the asssets from the Directorate of Tourism to the Corporation as also the requisite staff available with the Directorate of Tourism consequent to the latter having been setup with a view to develop, promote and manage tourism in the State. The aforesaid resolution deals with the question of transferring the posts and personnels which were under the Directorate of Tourism. Instead of retrenchment, the Government decided that the incumbents of those posts which were about 125 in number were sent on deputation to the Corporation with effect from 1-9-1978 on usual terms and conditions of deputation except the payment of deputation allowance and it was further decided that the Corpoation will watch their work for one year and will thereafter forward to the Government list of persons who were found suitable for absorption in the service of Corporation at the end of that period. The Government kept the question open as to how the staff members who are either not required by the Corporation or who do not opt for the Corporation, at the end of that period. The respondent no. 1 under its resolution dated 17th August, 1979 decided the terms and conditions of the staff deputed to the Corporation. The Government under its letter dated 1st September, 1979 forwarded a list of persons who were found suitable for absorption in the Corporation services. The Government thereafter issued a resolution dated 23rd May, 1980 permitting the staff of the Directorate of Tourism shown in the list aforesaid by the Corporation to get absorbed in the Corporation with effect from the date of expiry of deputation on certain conditions. The petitioners names are there in the list aforesaid at Sr. Nos. 1,2,5,7,17,20,22,25,37 and 38. The petitioners claim that they stood absorbed as permanent employees of the Corporation on and from 1-9-1978, and are therefore entitled to reckon their service in the Corporation from the said date. So far as the other persons who were on deputation with the Corporation and their names were not there in the list which has been sent by the Corporation, their period of deputation was extended from time to time. The petitioners have come up with a case that their period of deputation was not extended. During the period from 1-9-1978 till 31-5-1980 as many as 30 new recruitees on different posts came to be appointed by the Corporation after open market selection. The petitioners have opted for the Corporation services and they have been absorbed. It is a case of the petitioners that they were always given to understand during the discussions with the officers that those who had opted for absorption in the Corporation will get all the benefits and that was one of the main considerations for them to get their liens terminated from the State Govt. services and to opt for absorption in the Corporation. The petitioners were called upon to submit their option under the circular dated 18th May, 1979 and there is no dispute that they have opted for Corporation services and they have been absorbed also. Some of the petitioners were given promotions to the next higher post. A tentative seniority list of the employees working in the payscale of Rs. 330-560 i.e. Administrative Assistants, Senior Clerks, Assistant Accountants was published by the Corporation under its circular dated 3rd August, 1982 and in the said seniority list, the absorbed staff members, the petitioners were shown senior to those who were recruited after 1-9-1978.