MINABEN RAJENDRAKUMAR PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the time of issuance of notice as well as notice as to interim relief on 07th February, 2019, the Court prima facie noted the crux of the controversy inter that the petitioners who are regular employees, are made to lag behind in terms of their seniority placement and promotion, by allowing those employees to steal march over the petitioners, who were appointed for a fix period of five years on a fixed pay basis much subsequent in the point of time the petitioners were appointed. In the submission of the petitioners, this would violate tenets of Articles 14 and 16 of the Constitution.

(2.) The Court today heard learned senior advocate Mr.Bhaskar Tanna for Tanna Associates for the petitioners and learned Assistant Government Pleader Mr.K.M. Antani at length, for the purpose of on admission as well as grant of interim relief. Learned Assistant Government Pleader argued the case by producing relevant documents and the copies of Rules, etc., which were allowed to be produced and to be relied on.

(3.) The petitioners happens to be the regular employees working in the Secretariat whose next avenue of promotion is the post of Section Officer. These petitioners have brought under challenge Resolution dated 18th January, 2017 of the Finance Department as well as Resolution dated 20th January, 2018 of the General Administration Department which deal with the aspect of the seniority of the fixed pay employees appointed on special conditions as well as about publishing the seniority list of such employees.