PURSHOTTAM KARSONBHAI SOCJITRA Vs. AMRELI JILLA PANCHAYAT

JUDGEMENT

(1.) This is plaintiffs Second Appeal.

(2.) The plaintiff-appellant filed suit for quashing seniority list for setting aside an order of his reversion to the post of Tracer and tor permanent injunction restraining the defendants-respondents from reverting him from the post of Draftsman to the post of Tracer.

(3.) The plaintiff-appellant was appointed as Tracer with effect from 5-9-1964. From the post of Tracer the next promotional avenue is of Assistant Draftsman and then to the post of Draftsman. The recruitment to the post of Draftsman is made by promotion as well as by direct recruitment under the existing rules. By an order dated 29-5-1970, Exh. 39 the appellant was appointed as Draftsman on temporary basis. He worked as Draftsman though not continuously till the impugned order Exh. 43 was passed on 31-8-1975. It is this order which was challenged in suit. His main contention is that he could not be reverted two steps down and if at all he was required to be reverted consequent upon closure of one of the departments he should have been reverted to the post of Assistant Draftsman whereas he has been reverted to the lowest post of Tracer. It was further his case that before passing the impugned order no opportunity of hearing was given to him and that the impugned order was passed ignoring seniority list and in view of long service of the appellant he was entitled to seniority not at the bottom, hence also the order of reversion' is-bad in law.