NITIRAJSINH D SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITION was filed against the action of the respondent in not considering the petitioner eligible for appointment to ex-cadre post of DSP/dcp. It is the case of the petitioner that at the relevant time he was holding Class-I post and was, therefore, eligible for consideration to ex-cadre post of DSP/dcp which is also Class I post. As per the petitioner, selection to such promotional posts is to be made on the basis of number of vacancies available, seniority of the candidate and proved merit and efficiency. It is further his case that the requirement of completion of 8 years of service as a condition precedent for promotion from Class II to Class-I posts stipulated in Gujarat Civil Services Classification and Recruitment Rules cannot be applied to him since he is already holding Class I post.

(2.) THOUGH affidavit in reply dated 21. 10. 93 came to be filed on behalf of the respondents, on this issue except stating that the petitioner is not eligible to be appointed on ex-cadre post, no further revelations are made.

(3.) BY order dated 28. 4. 93 while issuing rule in the matter, by way of interim relief, it was directed that the respondent will consider the petitioner for appointment to ex-cadre post of DSP/dcp without applying 8 year rule. In the affidavit reply filed by the respondents, however, it is stated as under: