D K PARMAR Vs. STATE OF GUARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is filed by the petitioner challenging the order dated 1. 4. 1990 passed by respondent No. 2 at Annexure-C whereby the petitioner is allotted to the office of the District Education Office at Patan in the then District of Mehsana, as unconstitutional, illegal, arbitrary and unjust and violative of Articles 14 and 16 of the Constitution of India. The petitioner has also challenged the impugned order on the ground that though the petitioner belong to Revenue Department and his services are regularized as such, there was no justification to declare him surplus and/or to allot or transfer him altogether to a different department ignoring his seniority contrary to the rules and regulations framed by the Department.

(2.) MR. MEHUL Shah, learned counsel for the petitioner, relies on the order dated 22. 10. 2002 passed by this Court (Coram : Hon'ble Mr. Justice M. S. Shah) in Special Civil Application No. 5846 of 2002 in case of an employee who was similarly situated to the present petitioner.

(3.) THAT initially the petitioner was appointed by order dated 29. 9. 1984 as a special case on compassionate ground as per the prevalent policy framed by the respondents and later on by an order dad 17. 10. 1989 passed by the district Collector, Mehsana, services of the petitioner came to be regularized in accordance with Centralized Recruitment Scheme.