K R SHINDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Special Civil Application No. 6324 of 1989 had come up for admission before this Court on 5.9.1989 and Court made the order, "Rule. To be heard along with Special Civil Application No. 2400/84." The counsel for the parties are in agreement that the matter in both these petitions are identical, and as such, the same may be taken together. Accordingly, the matter are taken together for hearing and are being disposed of by this common order.

(2.) Heard the learned counsel for the parties.

(3.) It is not in dispute that the petitioner in Special Civil Application No. 2400/84 has passed the Revenue Qualifying Examination as a necessary eligibility for promotion to the post of Mamlatdar in the year 1971 under the Rules, 1970. The petitioner in this Special Civil Application has passed this examination beyond specified chances and specific period, and therefore, he has been placed at Sr. No. 482 in the seniority list of Aval Karkuns (now Dy. Mamlatdar) as per the provisions of Rule-7 of the Rules, 1970. This seniority list has been published by the respondent vide order dated 8.6.1988 and the petitioner has not made any grievance against that seniority list as he has not challenged the same by filing a separate writ petition or by making an amendment in this Special Civil Application. So, the petitioner has accepted his position at Sr. No. 482 in the category of the Deputy Mamlatdar and on the basis of that position the petitioner has been given promotion to the post of Mamlatdar from 17th June, 1982. Only after this promotion and having passed the qualifying examination under Rules, 1970, the petitioner has started to make claim for promotion under the erstwhile State's Rules.