PRATAPRAI RATILAL VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - writ petitioners (28 in number) have preferred this Appeal under Clause 15 of the Letters Patent against the order dated 4th September, 2008 made by the learned Single Judge in above Special Civil Application No.10974 of 2008. The appellants are the retired employees or the heirs/successors of the retired employees of the State of Gujarat in its Land Records Department. The concerned employees were appointed in the Land Records Department of erstwhile State of Saurashtra during the period from 1949 to 1956. On reorganization of States as on 1st November, 1956, the State of Saurashtra was merged with the State of Bombay. The aforesaid employees of the State of Saurashtra came to be absorbed in the service of the State of Bombay. On reorganization of the State of Bombay with effect from 1st May, 1960, the said employees were allocated to the State of Gujarat. Upon reaching the age of superannuation, the said employees retired from service during the period from 1980 to 1993. The said employees or their heirs/successors filed Special Civil Application No.1521 of 2000 under Article 226 of the Constitution for direction to the respondents to promote the said employees to the higher post in the then prevalent pay scale of Rs.425 -700. At the relevant time, the said employees were denied the promotion as they had not passed the qualifying examination. According to the writ petitioners, as they were the employees of the erstwhile State of Saurashtra, they were not required to pass the qualifying examination as condition precedent for promotion. The denial of promotion at the relevant time was erroneous and illegal. The petitioners, therefore, prayed for deemed promotion from the date their juniors were promoted and for the consequential benefits. The said petition was dismissed by the learned Single Judge on 23rd March, 2006 on the grounds of delay and laches.

(2.) Feeling aggrieved, the said petitioners preferred Letters Patent Appeal No.1376 of 2006. The said Appeal came to be allowed on 17th April, 2007 by the Division Bench (Coram: Mr. A.M.Kapadia and Mr. K.A.Puj, JJ.). The Bench relied upon the judgment in Special Civil Application No.4151 of 1984. The Bench recorded the submission that, "the appellants were employees of the Ex State of Saurashtra under the provisions of the Bombay Re -Organization Act, 1960 and hence, conditions of service applicable before the appointed day in respect of the employees of the Ex State of Saurashtra allocated into the State of Gujarat cannot be varied to their disadvantage except with the approval of the Central Government." In that view of the matter, the Bench was pleased to direct the respondent authorities "to consider the case of the appellants for promotion to the post carrying the pay scale at the relevant time with effect from the date on which their juniors were promoted." Pursuant to the said order, the case of the concerned employees were examined by the respondent authorities. By orders dated 18th July, 2007 made in respect of the individual employee, it was held that the concerned employee had not passed the qualifying examination under the Land Records Qualifying Examination Rules. He, therefore, was not eligible for further promotion.

(3.) Feeling aggrieved, the appellants preferred above Special Civil Application No.1521 of 2000. The writ petition has been dismissed by the learned Single Judge as in the opinion of the learned Single Judge, the petition was in the nature of 'monetary claim' and was 'hopelessly time barred.' Feeling aggrieved, the appellants have preferred the present Appeal. We are in agreement with the learned Single Judge. The petition was indeed misconceived and the claim was hopelessly time barred.