CHIMANLAL CHANDRASHANKAR DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The issues raised in these two petitioners are so interconnected that they are to be disposed of by a common judgment. Accordingly, we are disposing of these two petitions by this common judgment.

(2.) Petitioner in Special Civil Application No. 3595/80 was appointed as Inspector of Steam Boilers and Smoke Nuisances as per Government Resolution dated 17.6.1964. The appointment was on probation for a period of 2 years with effect from the date he took charge of the post. By an order dated 9.2.1968, the petitioner was substantively appointed to the said post With effect from 2.7.1966. On becoming a full member in the cadre of Inspector of Steam Boilers and Smoke Nuisances, he continued in service. While so, by memorandum dated 16.9.1980, the Government in the Labour and Employment Department took the view that it was essential for the petitioner to pass post-training examination and he having not passed the same within the permissible chances, was liable to be relieved from service. This action of the Government was under challenge in Special Civil Application No. 3595 of 1980.

(3.) On the retirement of the then incumbent on the post of Chief Inspector of Steam Boilers, 'there was a move on the part of the Government to fill up that post by re-employing the retiring person. Questioning that move, Special Civil Application No. 2368 of 1984 was filed by petitioner in Special Civil Application No. 3595 of 1980 and another. The prayer made therein is to direct the Government to promote the petitioners to the post of Chief Inspector of Steam Boilers from the date on which they ought to be promoted.