R C MAHESHWARY Vs. GUJARAT PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Rule. The petitioner was appointed on compassionate ground in the office of the Gujarat Public Service Commission by order dated 6.9.1983. As per the terms of the appointment he was required to go through regular recruitment procedure i.e., to get through the competitive examination and consequently to pass departmental examination.

(2.) As the petitioner was not sent for requisite training he made repeated representations asking the authorities to sent him for pre-service training. He was sent for pre-service training commencing from 16 11.1992 and he passed the examination on 30.6.1993 in first attempt. On having passed the said examination, respondent GPSC regularised his services with effect from 30.6.1993 under communication dated 23.7.1993. The petitioner aggrieved of regularisation with effect from 30.6.1993 made a respresentation and submitted that his services should be regularised from the date of initial appointment i.e., 12.9.1983. The said representation has been rejected under communication dated 15.9.1997.

(3.) Mr. Paresh Upadhyay, learned counsel for the petitioner, contends that the petitioner is entitled to seniority from the date of his initial appointment i.e., 12.9.1983 on having passed the departmental examination. It is submitted that the petitioner was not sent for pre-service training examination for long time in spite of his repeated requests. As and when the opportunity was given he passed the said examination in the first'attempt. In view of this, he cannot be down graded in seniority on account of an act for which he was not responsible. He has further submitted that the petitioner's appointment on compassionate ground must be considered an appointment under the Rules and therefore once an appointment is made according to Rules the seniority has to be computed from the date of initial appointment. In any case even if it is considered that his appointment was not under the Rules still he has continued on the said post uninterruptedly and therefore he is entitled, on passing the departmental examination the seniority from the date of initial appointment. The learned counsel in support of this contention has relied on a decision of the Apex Court in the case of The Direct Recruit Class II Engineering Officers Association vs. State of Maharashtra reported in AIR 1990 SC 1607. He has also relied on a Division Bench decision of this Court in the case of Safimiya G. Malek & Ors. vs. State of Gujarat reported in 33 (1) GLR 704.