B D CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing the respondent authorities to count the seniority of the petitioner from 20/12/1972 for all the purposes and consequently to direct the respondent authorities to consider the case of the petitioner for promotion to the post of Commercial Tax Officer (CTO) on the basis of the seniority of the petitioner from 20/12/1972.

(2.) IT appears that the petitioner was earlier working with the Registration Officer (Archaeological) Gujarat State, Mehsana Circle since 1972. However, as the said office was closed down and the petitioner was to be retrenched, the petitioner was allocated to the Sales Tax Department and since then he is working with the Sales Tax Department. The petitioner joined the Sales Tax Department in the year 1980 i. e. on 02/04/1980 and, therefore, the Sales Tax Department has given the seniority from the date of the joining of the Department i. e. 02/04/1980.

(3.) AT the outset it is required to be noted that as such there is a decision taken by the concerned respondent dated 09/09/2008 whereby by passing a detailed speaking order the request of the petitioner to count the services/seniority with effect from 20/12/1972 has been turned down. It is to be noted that as such the petitioner has not challenged the said order dated 09/09/2008. Be that as it may. Even otherwise, considering the fact that the petitioner joined the Sales Tax Department only on 02/04/1980, the seniority of the petitioner in the Sales Tax Department is rightly considered from the day on which he joined the said Department i. e. 02/04/1980. Considering the above when the Department has given the seniority from the date of joining the Sales Tax Department i. e. 02/04/1980, it cannot be said that the respondent authorities have committed an error and/or illegality and/or the said decision is arbitrary and, therefore, the services rendered by the petitioner in another Department, which came to be closed cannot be counted for the purpose of seniority in the Sales Tax Department.