RAMSING PANDOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the petitioners herein are members of Scheduled Tribe and both of them have filed this petition claiming promotion in the cadre of Class-II Officers of the Gujarat General State Service. The petitioner no.1 has been working as Shirestedar in the Office of the Settlement Commissioner under the Revenue Department since 26/07/1990 (by deemed date) and the petitioner no.2 has also been working as Shirestedar in the Office of the Settlement Commissioner, Revenue Department, since 21/01/1991. The petitioners have come with the case that 70 posts in the cadre of Class-II officers of Gujarat General State Service were sanctioned by the Finance Department for land records on 11/12/1995 and a select list was prepared. The appointments in the cadre of Class-II officers as above were required to to be made by promotion on the basis of proved merit and efficiency. It is the common case of the parties that the names of both the petitioners were included in the select list which was prepared. The said select list was prepared on 23/10/1996 and a copy of the same has been enclosed with the affidavit-in-reply filed on behalf of the respondent no.2 dated 2 8/04/1999 at Annexure-R3 at page nos.55 to 65 of the paper book. This select list in all contains 97 names (91+6) by way of insertion at 48A, 53A, 57A, 71A (Shri J.U.Parmar promoted on 4/12/1997), 78A, and 88A. It is also the common case of the parties that the candidates whose names appeared at Sr.no.1 to 57 in this list were promoted on 16.11.1996. Thereafter another order was passed on 14/12/1996 whereby the candidates named at Sr.no.59 to 65, i.e. seven in number were promoted and the third order was passed on 21.8.1997 whereby the candidate named at Sr.nos.48A, 53A, 57A, 58, 66 to 78, 78A and 79 to 86, i.e. 26 in number were promoted. By these three orders dated 16.11.1996, 14.12.1996 and 21.8.1997, 57+7+26=90 candidates were promoted and one Shri J.U.Parmar at No.71A was then promoted on 4.12.97 and thus 90+1=91 candidates in all were promoted out of this select list of 97 candidates. In para 2 to 11 of the select list dt. 23.10.96 certain remarks, explanations and reasons have been given with regard to certain other candidates including one Shri B.R.Bhagora whose name has been included in the select list at Sr.no.88A that the details were not available as to whether the adverse remarks against him had been expunged or not. It, therefore, appears that except the candidates included in the aforesaid select list at Sr.nos.87, 88, 88A, 89, 90 and 91 (six in number) all other candidates have already been promoted. Out of these six candidates who have not been promoted, the petitioner no.1 is at Sr.no.88 (i.e. at no.2 amongst those who have not been promoted out of the select list) and petitioner no.2 is at Sr.no.91, (i.e. at Sr.no.6 amongst those who have not been promoted.

(2.) In short, the grievance raised by the petitioners is that even out of 70 posts which were sanctioned in 1995, 55 posts were to be filled from the general category and 15 posts were to be filled from amongst the candidates belonging to the reserved category, i.e. Scheduled Tribe and Scheduled Caste. It has been submitted that according to the Roster system 10 posts at Sr.nos.1, 8, 15, 22, 29, 36, 43, 50, 57 and 64 were to be filled from amongst the candidates belonging to the Scheduled Tribe and the posts at Sr.nos.4, 18, 32, 46 and 61 were to be filled from amongst the candidates belonging to Scheduled Caste. However, it is given out by the respondents in para 2 and 3 of the reply affidavit dated 28.4.99 as under:

(3.) It appears that the Gujarat State Land Records Scheduled Tribe Class-III Employees Association of Ahmedabad represented and made a grievance through the representations, copies of which have been enclosed as Annexure.B Colly. with the petition and a communication dated 2/04/1997 was sent by the Revenue Department in which it was stated that no candidate having the minimum experience belonging to the Scheduled Tribe being available for promotion, there is no question of considering the grievance as has been raised in the representations with regard to filling of the posts out of the candidates belonging to the Scheduled Tribe and for filling up the vacancies of backlog.