B M MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed in the following circumstances.

(2.) The petitioner was appointed as Jr. Clerk in the office of Director of Social Welfare, Gujarat State on 1/9/79. He was promoted as Sr. Clerk on 15/1/85 and again promoted as Head Clerk on 2/4/90. The petitioner passed the promotion qualifying examination for the post of Social Welfare Officer Class II on 21/5/94. This promotion qualifying examination for post of Social Welfare Officer is necessarily required to be passed under the District Social Welfare Officer and Nomadic Tribes Welfare Officer [Conditions of Service relating to Departmental Examination] Rules, 1970 [hereinafter referred to as the Rules of 1970]. Thus, the petitioner became eligible to be promoted to the post of Social Welfare Officer Class II having already passed the promotion qualifying examination. However, before he could be promoted on that basis, he was directly recruited in 1996 vide order dated 16/1/1996 as Social Welfare Officer Class II and was appointed on probation. Period of probation was two years.

(3.) Rule 3 required every appointee by direct recruitment after the commencement of Rules to pass relevant Departmental Examination after appointment, before he could be confirmed within prescribed attempts. First proviso to Rule 1[3] also envisaged exemption from passing Departmental Examination in certain circumstances.