R C SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, an Ex-Superior Field Worker of the Health and Family Welfare Department of the Government of Gujarat, filed this Special Civil Application and prayer has been made for direction to the respondent No. 2 to consider the case of the petitioner for fixation of notional date of promotion to the post of Malaria Surveillance Inspector and then to give him promotion from deemed date and ancillary benefits including the grant of selection grade and other monetary benefits. The petitioner also prayed for quashing and setting aside of the judgment of the Gujarat Civil Services Tribunal at Ahmedabad, dated 2-1-1986 given in the Appeal No. 338 of 1984.

(2.) The facts of the case, in brief, are that the petitioner entered in the services of the respondent as Superior Field Worker on 14th June, 1956 in the National Malaria Eradication Programme. Another person, namely, Shri Bhesania was appointed as Insect Collector in the department with effect from 10-4-1961. The pay scales of the post of Insect Collector and Superior Field Worker were the same and the channel of promotion from these two posts has been provided to the post of Malaria Surveillance Inspector. Shri Bhesania was promoted to the post of Malaria Surveillance Inspector in the year 1971. However, the person junior to Mr. Bhesania was given promotion to the post of Malaria Surveillance Inspector with effect from 27th December, 1967, and as such, Shri Bhesania approached to the Gujarat Civil Services Tribunal at Gandhinagar by filing an appeal No. 113 of 1981, which came to be decided on 18-5-1983 and he made a claim for giving him the deemed date of promotion to the post of Malaria Surveillance Inspector w.e.f. 27th December, 1967. In pursuance of the decision given by the Tribunal in his case, under the order dated 19th November, 1983, Shri Bhesania was given the deemed date of promotion from 27th December, 1967 and some other consequential benefits. The petitioner filed an appeal before the Tribunal and claimed the promotion on the post of Malaria Surveillance Inspector from 27th December,1967 with consequential benefits, which appeal came to be dismissed by the Tribunal under the order dated 2-1-1988. Hence, this Special Civil Application before this Court.

(3.) The learned Counsel for the petitioner contended that the petitioner was senior to both Shri Bhesania as well as Smt. T. N. Shah, and when Mr. Bhesania was given the deemed date of promotion from 27th December, 1967, he should have been given the promotion from the said date. It has next been contended that the Tribunal has given contrary decision. While deciding the appeal of Shri Bhesania, the Tribunal has taken the view that the recruitment rules have been framed in the year 1975 and earlier to that all the persons whether they are S.S.C. passed or having the certificate of Sanitary Inspector Examination were eligible for promotion but while dealing with the appeal of the petitioner it has taken a somersault and the claim has not been accepted. Carrying this contention further, the learned Counsel for the petitioner contended that the petitioner cited the case of one Shri K. H. Khan, who was Insect Collector, and who had not passed either S.S.C. or Sanitary Inspector Examination but he was promoted as Malaria Surveillance Inspector from 28th July, 1960.