PARIKH JAYANTKUMAR GIRDHARBHAI JOTANA AND OTHERS Vs. DISTRICT DEVELOPMENT OFFICER, AHMEDABAD DISTRICT PANCHAYAT. AHMEDABAD AND ANOTHER

JUDGEMENT

(1.) The petitioners, 15 in all, have filed this Special Civil Application before this Court praying for issuance of a writ of mandamus or any other writ in the nature of mandamus directing the respondents to fill up all the vacant posts of junior clerks in Ahmedabad District Panchayat by giving appointments to the persons whose names are in the select list prepared in response to the advertisement No. 25-27/82-83 of the second respondent.

(2.) The facts of the case briefly stated are that respondent No. 2-District Panchayat Service Selection Committee, Ahmedabad, invited application vide advertisement No. 25-27/82-83 for the post of Junior Clerk in the Ahmedabad District Panchayat. It is not in dispute that under the aforesaid public advertisement, applications were invited by respondent No. 2 for 20 posts of Junior Clerks. Bifurcation of the vacant posts is that 17 posts were for the reserved category and 3 posts were for general category. It is not in dispute that all the petitioners belong to general category. In response to the said public advertisement the petitioners submitted application. The petitioners were called for written tests which was conducted in the month of October, 1983. On the basis of the marks obtained by the candidates in the written test, it is the case of the petitioners, the respondent No. 2 has prepared select list wherein names of the petitioners are included. In the select list name of 71 persons were included. Respondent No. 2 under letter dated 24th February, 1984 informed the petitioners that their names are placed in the select list. In the year 1986, 26 candidates from the select list were given appointment to the posts of Junior Clerks in the office of the District Panchayat, Ahmedabad. No further appointment has been made from the said select list, as given out by the petitioners, because on account of scarcity the Government has put ban on recruitment to vacant posts. The ban was made applicable to the recruitment of Junior Clerks in the office of the District Panchayat. Ahmedabad also. The petitioners further stated that the aforesaid ban was there for the year 1987 and also for the year 1988. In the month of September, 1988 the ban was lifted, and since then there was no ban on recruitment to the post of Junior Clerks. The petitioners urged that during the years 1986-87 and 1987-88 (ban period) more than 40 posts of Junior Clerks fell vacant in the set up of the District Panchayat. Ahmedabad. The select list prepared, as per the case of the petitioners, is in operation even today. The select list remains in operation until fresh select list is prepared. It was the duty of respondent No. 1, as per the case the petitioners, to fill up the aforesaid vacant posts of Junior Clerks by giving appointment to the persons from the select list. The petitioners' grievance is that with ulterior motives the respondents are not filling up those posts of Junior Clerks in spite of many oral representations made by them from time to time. Further grievance of the petitioners is that the District Panchayat has tilled up 5 posts of Junior Clerks by inter-District transfers. Details of those inter-District transfers have been given in Annexure-C. There is ho dispute between the parties that only five persons were appointed by inter-District transfer. Further grievance of the petitioner is that respondent No. 1 has filled up the posts of Junior Clerks by giving appointment to persons whose names are not there in the select list. It is not in dispute that services of 10 work charge clerks were regularised and 21 persons were appointed on compassionate grounds, and 10 persons were appointed by way of absorption of surplus persons from Sarvodaya Yojana Scheme.

(3.) Reply to the writ petition is filed by the respondent-District Panchayat. It is admitted that five persons have been brought in to the District Panchayat by inter-District transfer. Services of 10 work charge employees were regularised. Ten employees of Sarvodaya Yojana Scheme have been absorbed in the service of District Panchayat, and 21 persons were given appointment on compassionate, grounds.