U C SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Deputy Engineer (Mechanical) at the relevant time working in the Department of Public Health of the Government of Gujarat, challenges by this Special Civil Application the final seniority list of the Deputy Engineers (Mechanical) published vide order dated 1st July, 1983, in which he has been placed junior to the private respondents.

(2.) The facts of the case are that on 16th May, 1966, the petitioner was appointed as Supervisor (Mechanical) in Public Health Department, Ahmedabad. The appointment to the post of Deputy Engineer (Mechanical) in the department upto 1976, as per the petitioner's case, was not governed by any statutory recruitment rules framed by the Government under Art. 309 of the Constitution of India. Further the petitioner submitted that no separate non-statutory rules were framed by the Government for Deputy Engineer (Mechanical) in Public Health Wing in general. The petitioner submitted that the Government used to follow the pattern laid down by the non-statutory rules vide the circular of the Bombay Government dated 29th April, 1960 meant for the Engineers on the Civil side though the petitioner does not admit the same. Under the order dated 8th February, 1973, the petitioner was given promotion and appointed to officiate as Deputy Engineer until further orders. There is no dispute that in pursuance of this order, the petitioner joined the post of Deputy Engineer (Mechanical) on 15th May, 1973. The petitioner submitted that it was an unconditional promotion. The private respondents came to be appointed on the post of Deputy Engineer (Mechanical) by direct recruitment on being selected on the said post by G.P.S.C. vide order of the respondent dated 23rd March, 1973. It is not in dispute that all the private respondents joined the post of Deputy Engineer (Mechanical) before the petitioner joined the said post on promotion. Vide memorandum dated 29th April, 1976, a provisional seniority list of Deputy Engineers (Mechanical) as on 31st December, 1974 has been published and in the seniority list, the petitioner has been placed at Sr. No. 7 and one Shri N. K. Lad was placed at Sr. No. 8 and the private respondents were placed below these two persons. Another provisional seniority list came to be published under memorandum dated 1st December, 1981, as on 31st August, 1981 in which the position of the petitioner and the private respondents remained to be same as it was there in the earlier provisional seniority list. Vide order dated 1st April, 1983, the final seniority list of the Deputy Engineers (Mechanical) was published and therein the private respondents were shown senior to the petitioner and Shri N. K. Lad. Hence, this Special Civil Application.

(3.) During the pendency of the Special Civil Application, the petitioner has been promoted to the post of Executive Engineer (Mechanical) pending further order vide notification dated 16th June, 1986. Further developments have also taken place. The petitioner and all the private respondents were sent to the Gujarat Water Supply and Sewerage Board. All the private respondents have also been promoted to the post of Executive Engineer (Mechanical). Two of the private respondents, namely, Shri S. T. Patel, and K. B. Patel were further promoted to the post of Superintending Engineer (Mechanical). Another private respondent, Shri R. V. Zinjuwadia has also been promoted to the post of Superintending Engineer (Mechanical). The petitioner has brought all these facts before this Court in this Special Civil Application by amending the Special Civil Application and further prayer has been made for quashing and setting aside of the order of promotion of other three persons on the post of Superintending Engineer (Mechanical).