R R VOHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, Senior Clerk in the office of Director of Health & Medical Services & Medical Education, State of Gujarat, filed this Special Civil Application and prayer has been made for' direction to the respondent to treat him in the cadre of Junior Clerk/Typist from 19.10.1967 and to give him all consequential benefits following therefrom.

(2.) The petitioner was initially appointed on 7.10.1967 as Junior Clerk in the office of Civil Surgeon, Ahmedabad District. Then he was. absorbed as Clerk-cum-Typist. The petitioner was transferred as Clerk-Typist from the office of Civil Surgeon at Ahmedabad and posted as Clerk-Typist in Directorate of Health and Medical Services on 27.7.1971. The petitioner was selected by Selection Committee on the basis of result declared on 28.12.1972 for the post of, what is stated as, English Typist and he was given regular appointment under the order dated 14th May, 1973. As per the condition of aforesaid appointment, the persons appointed to the post of Clerk/Clerk-cum-Typist were to receive training and were to pass the training examination to be conducted by the Director of Administration Training Institute. The petitioner was promoted as Senior Clerk on 24.2.1980. The grievance of the petitioner is that he was shown as junior to the persons appointed as Junior Clerk after him and as such he made a representation against the same on 11.12.1980. Further grievance of the petitioner is that he has been given lower seniority as he could not pass the training examination, but as per the case of petitioner, the fault lies with the Department as he has been transferred to the office of Director of Health and Medical Services, and as such because of his transfer he could not under go the training. The petitioner made request for regularization of his services from 17th April, 1970, not from 19th October, 1967, but that claim has also not been accepted. Hence this Civil Application.

(3.) The petitioner has amended this Special Civil Application and now he has come up with the case that as he was appointed as English Typist, he was not required to pass the said training examination. The training examination was required to be passed only by Clerks and Clerks-cum Typists. Reference has been made to the Rules, namely Gujarat Non Secretariat Clerks, Clerks-Typists and Typist (Direct Recruitment Procedure) Rules, 1970 (herein referred to as 'Rules 1970).