STATE OF GUJARAT Vs. KANTILAL M MASHRU

JUDGEMENT

(1.) THIS Appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 14th August, 2008 passed by the learned Single Judge in above Special Civil Application No. 25060 of 2007. By impugned order, the learned Single Judge has directed the appellant -State of Gujarat to consider the promotion of the respondent -writ petitioner and that, "the ground of non -passing of LRQ Examination would not be a relevant consideration".

(2.) IN the year 1951, the respondent joined the service in Land Records Department of the then State of Saurashtra as a Surveyor. In 1956, he passed the sub -service departmental examination. On re -organization of the States - effective from 1st November, 1956, he was absorbed in service of the State of Bombay. In the year 1958, he was promoted as a Classer but was again reverted as a Surveyor in the year 1958. On bifurcation of the State of Bombay - effective from 1st May, 1960, he was allocated to the State of Gujarat. Since his allocation to the State of Gujarat, on 9th July, 1968 he was promoted as a Classer but was reverted to the post of Maintenance Surveyor on 31st January, 1971. In the year 1987, on reaching the age of superannuation, he retired from the service of the State of Gujarat in the cadre of Maintenance Surveyor.

(3.) IN the year 1984, some employees of the Land Records Department -similarly situated as the petitioner [but not the petitioner] - approached this Court in Special Civil Application No. 5181 of 1984. According to the said writ petitioners, they were the employees of the erstwhile State of Saurashtra. They had passed the sub -service departmental examination prescribed by the then State of Saurashtra. Under the prevalent conditions of service in the State of Saurashtra, the said writ petitioners were not required to pass any other departmental examination for further promotion in the Land Records Department. They were, therefore, entitled to be considered for further promotion. The said writ petition came up before the learned Single Judge [Coram : S.K Keshote, J.]. The learned Single Judge, by his judgment and order dated 13th December, 1996 upheld the claim made by the said writ petitioners. The learned Single Judge considered Section 115 of the States Reorganization Act, 1956 and Section 81 of the Bombay Reorganization Act, 1960 to hold that, ". Rule regarding eligibility for promotion of the petitioners as it was there in the Princely State of Saurashtra could not have been changed to their disadvantage without prior approval of the Central Government. That approval was not taken admittedly and as such, the Rule which has been framed by the respondents of imposing condition of passing L.R.Q examination for promotion to the post carrying pay scale of Rs. 425 -700 could not be given effect to in the case of petitioners." In view of the said observation, the Court was pleased to issue direction to the State Government,