D D UPADHYAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, eight in all, Assistants working in the Legal Department of the Sachivalaya, Gandhinagar, have filed this Special Civil Application and prayed for quashing and setting aside the orders Annexures G and G1, dated 8th August, 1983 and 20th August, 1983, respectively, under which private respondents were ordered to be promoted to the cadre of Section Officers. Further prayer has been made by the petitioners to prepare the seniority list of Assistants working in the Legal Department of Sachivalaya, after treating the orders at Annexure C and Annexure D as ineffective and void for all purposes. Under Annexure C services of private respondents as Legal Assistants, were regularised and they were appointed to officiate as Assistants in the Legal Department, in exercise of the powers conferred by Rules 16(ii) and (iii) of the Gujarat Civil Services (Classification and Recruitment) Rules, 1967 (in short referred hereinafter as 1967 Rules) and in relaxation of the provisions of Rules 8, 9 and 10 of the said Rules. This has been stated to be done in the interest of public service. Under order Annexure D dated 25th April 1978 six persons named therein inclusive of private respondents were ordered to be granted exemption from passing of post-entry training examination.

(2.) The facts of the case are that all the petitioners were recruited as Assistants in the Legal Department of Sachivalaya on being selected for the said post by the Gujarat Public Service Commission. After their selection, they have undergone the prescribed training and have passed the prescribed departmental examination and thereafter were regularly appointed on the post of Assistants. The service particulars together with the date of appointment and educational qualifications of the petitioners have been given in Annexure A.

(3.) The posts of Assistants and Section Officers are upper division posts in the Sachivalaya. Recruitment and other service conditions in the upper division of the Secretariat Service are regulated under the Rules framed under Art. 309 of the Constitution, known as Assistant (In the upper division of the Subordinate Secretariat Service) Recruitment Rules, 1966 (hereinafter referred to as the "Rules 1966"). Under the said Rules appointment on the post of Assistant is required to be made first by direct selection on the basis of the result of competitive examination held by the Gujarat Public Service Commission or by transfer from amongst Stenographers (Grade I) in the Secretariat Service; and second by promotion of a person of proved merit and efficiency from amongst the members of the joint cadre of clerks and English and Gujarati typists, etc. For being eligible for appointment by selection through G.P.S.C., a candidate is required to hold degree in Arts, Science, Law etc., and the selected candidate shall have to pass Gujarati or Hindi Examination according to the Rules and to undergo prescribed training and pass prescribed departmental examination.