RANCHHODBHAI KANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners, civil servants of the State of Gujarat, employed as Junior Pharmacists in the Employees' State Insurance Scheme under the Director of Medical Services ("ESIS" for short), Gujarat State, Ahmedabad, have challenged by this Special Civil Application, annexure 'A', Resolution of the Government dated 3rd August, 1981, to the extent where they have been deprived of the seniority in the cadre of Junior Pharmacist.

(3.) The facts, in brief, of the case are that the respondent No. 3 to 6 were appointed as Junior Pharmacists under the same Directorate under which the petitioners are working and they have been impleaded in this petition in representative capacity. Challenge has been made by the petitioners, in this Special Civil Application to the final seniority list published by the Department on 20th August, 1982 on the basis of criteria laid down under the aforesaid Resolution and as such these persons have been impleaded as a party to this petition. The petitioners were recruited initially as Compounders under the Director of Medical Services in the ESIS in the year 1964-65 whereas respondents No. 3 to 6 have been recruited during 1974 to 1981, except respondent No. 3 who has been recruited in the year 1964, but after all the petitioners. The petitioners claim that they are senior to respondents No. 3 to 6 in Junior Pharmacists cadre on the principle of their seniority should have been on the basis of length of service or continuous officiation on the post and the respondents No. 3 to 5 and other persons like then have been wrongly placed senior to them. The petitioners have been appointed after they have been found eligible and meritorious by Selection Committee constituted for the purpose. Under the Resolution dated 3rd August, 1981, the State Government changed the designation of qualified Compounders to those of Junior Pharmacists and certain directions were given for preparation of seniority list. This Resolution took notice of the fact that the scheme for imparting training to the unqualified Compounders came into force from July 1981 and unqualified Compounders have been deputed for training and the designation of Compounders was changed as Junior Pharmacists. This Resolution further reveals that the seniority of qualified Compounders should be combined with those of Junior Pharmacists and the seniority was required to be determined on the basis of total length of such qualified Compounders holding Diploma in Pharmacy. This Resolution also directed that those qualified Compounders who are registered as Pharmacists but not having Diploma should also be converted into those of Junior Pharmacists and it was directed in the Resolution that in the amalgamated cadre of Junior Pharmacists they were to be placed below the qualified Compounders having Diploma and the said Resolution further directed that the first seniority list of the amalgamated cadre should be drawn as on the date of issue of Resolution. The seniority of future entries was to be fixed on the basis of date of entry in service on regular basis and in the case of unqualified Compounders the date of their successful completion of training was the date for the purpose of entry to the seniority list.