K P T PILLAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, two in number, Stenographers, Grade-II, in the office of the respondents No. 2 and 3 respectively, have filed this Special Civil Application and prayer has been made for declaration that they were regularly appointed from 2nd November, 1961 and 30th June, 1962 respectively as Stenographers. Gr. II, and for consequential benefits.

(2.) The facts of the case in brief are that the petitioners were appointed as Stenographers, Gr. II, on 2.11.1961 and 30.6.1962 respectively. The petitioners state that they were appointed after passing competitive examination and interview held by the concerned offices.

(3.) The appointment order of petitioner No. 1 has been produced on record of the Special Civil Application wherein it has been given out that the appointment is made as temporary measure only until further orders and is terminable at any time without notice from the Government. The petitioners admittedly passed the departmental regularization test conducted by GPSC on 23rd March, 1976 and 10th May, 1977 respectively. They have been given seniority in the cadre of English Stenographer Gr. II with reference to the date of regularization of their services. The provisional seniority list has been published on 9.9.1981. The petitioners filed a representation but reply was not given. Thereafter the revised provisional seniority list was published on 15th April, 1983 against which representation has been made by petitioners. The respondents No. 4 and 5, under the order dated 19th February, 1981 effective from 1st July, 1979 were given selection scale. That order has also been challenged by petitioners before this Court. One of the prayers made by petitioners in this Special Civil Application is for giving directions to the respondent No. 1 to prepare and publish the final seniority list after considering the objections filed by petitioners and after giving an opportunity before issuing any further orders of selection grade.