G N PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners were working as Junior Clerks in the Office of the Director of Higher Education. They competed in the competitive examination and came to be selected and appointed to the posts of Statistical Assistant in the year 1983. The said selection was made as per the recruitment Rules of 1972. The petitioners were sought to be reverted to the posts of Clerk by order dated 30th August, 1988 on the ground that they did not possess the requisite qualifications. The petitioners, therefore, approached this Court with this petition and were granted interim relief, which runs as under:

(2.) IT appears that Special Civil Application No. 1302/1983 was preferred by two Senior Clerks working in the Office of the Director of Higher Education, wherein the petitioners were joined as party-respondents No. 9 and 6 respectively. In the said petition, the validity of the select-list, by which the petitioners were selected for the posts of Statistical Assistant in the year 1983, was challenged. In that petition, an order was passed on 14. 11. 1984, which runs as under :

(3.) BY virtue of interim protection granted by this Court in this petition, the petitioners continued to the posts of Statistical Assistant and in due course, got promotion to the posts of Head Clerk by an order dated 22nd February, 1999. However, the order dated 14th November, 1984 passed in Special Civil Application No. 1302/1983 continued to operate. Therefore, continuance of the petitioners on the posts of Statistical Assistant by virtue of the select-list impugned in that petition was subject to that order.