N.C. SALVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs :

(2.) It is the case of the petitioner that petitioner is having a qualification of Diploma in Mechanical Engineering and was originally appointed on 20.3.1973 as Supervisor in a temporary establishment. Later on, in 1978, the post of supervisor was re-?designated as Additional Assistant Engineer and the petitioner was working on the said post continuously from the date of his original appointment and as such, he is entitled for the seniority in the post of Additional Assistant Engineer right from 1973. It is further the case of the petitioner that despite the fact that representation in detail was made on 23.2.1982 claiming seniority from the said date of appointment but, somehow the said representation was not considered on account of the fact that the court proceeding centering around the seniority issue of the cadre is pending and, therefore, at that stage, the representation was not dealt with. Thereafter, by virtue of Government Resolution dated 23.6.1988, it was decided the Authority to give seniority to the employees like the petitioner, who are working in temporary establishment from the date of their appointment. As a result of this, the petitioner became eligible for seniority from the date of appointment. It is the case of the petitioner further that there are several similarly situated employees, who have been extended such benefit and in the petition on oath, the petitioner has made a specific reference about their names, Mr.J.C.Bhatt and Mr.R.N.Patel, who have been granted such benefit of seniority from the date of their appointment. However, since this request is also not acceded too, it has compelled the petitioner to approach this Court by way of present petition.

(3.) The present petition appears to have been admitted on 19.9.2008 and thereafter, after completion of pleadings, the same has come up for final hearing.