BHAGVATI PRASAD D BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Perused the Special Civil Applications and heard learned counsel for the respondents.

(2.) The petitioners in Special Civil Application No. 8425 of 1990 challenges the action of the respondents in not promoting them in the cadre of Gujarat Development Service Class II inspite of the fact that the petitioners are declared successful in the departmental examination held by the Secretary, Panchayat and Rural Housing Department, Government of Gujarat, and the action of the respondents in not preparing the list and thereafter promoting the petitioners due to issuance of Taluka Development Officer (Gujarat Development Services Class II) Recruitment Rules 1990 on 27th September, 1990, on the ground that the action and/or order is arbitrary, capricious and in violation of Arts. 14 and 16 of the Constitution of India and as well in disregard of rulings of the Hon'ble Supreme Court.

(3.) The petitioners, in this Special Civil Application were appointed on the post of ADEI and on the post of Extension Officer. Some of the petitioners were promoted to the next higher post. The petitioners have come up with the case that the State Government framed Recruitment Rules for the post of Taluka Development Officers on 9.7.65. Thereafter the State Government under Art. 309 of the Constitution of India, framed Recruitment Rules vide Notification dated 29.7.71. These Rules provided the same things provided in the earlier recruitment Rules of 1965. Only the ratio was changed. Then comes the Notification dated 16.9.74 under which the Gujarat Panchayat Service (Promotion to cadre in State services) Rules 1974, has been notified. The schedule attached to the above said Rules provided categories of officers working in the Panchayat service who can be promoted in the State services pursuant to the above said Rules. One of the conditions was that the Officers were required to pass the requisite examination held by the GPSC. The petitioners have come up with the case that all the petitioners were eligible to get promotion in the cadre of Gujarat Development Service Class II as all of them have already passed departmental examination held by the Gujarat State. The petitioners appeared in the examination held by the State on 2/3.5.90 for promotion to class II post, result of which has been declared on 19.7.90 and all the petitioners were declared successful in the said examination. Though after passing of the said examination, it was obligatory on the part of respondents to prepare list and give promotion, it has not been done. However, earlier Rules were superseded and fresh recruitment Rules, under proviso to Art. 309 of the Constitution of India for regulating the recruitment to the post of Taluka Development Officer in the Gujarat Development Services Class II have been framed. These Rules were published vide Notification dated 27.9.90. Rules 1974 have also been amended vide Notification dated 27.9.90. The consequence of the aforesaid Rules and the amended Rules 1974 was that some of the posts of panchayat Services were deleted from getting promotion in the Gujarat Development Services Class II. The petitioners, in this Special Civil Application prayed that the respondents be directed to consider and promote the petitioners in the cadre of Gujarat Development Services Class II and declare that the new rules for the Taluka Development Officers (Gujarat Development Service Class II) Recruitment Rules 1990 are not applicable to the petitioners. Further prayer has been made for restraining the respondents from promoting any other candidate pursuant to the Recruitment Rules 1990.