STATE OF GUJARAT Vs. L N PATEL

JUDGEMENT

(1.) ADMITTED. Mr.J.V.Bhairavia, learned Counsel for the respondent - original petitioner-, appears and waives service of Notice of admission. In the facts and circumstances of the case, the matter is taken up for final hearing.

(2.) This Appeal is filed against a judgment and order passed by the learned Single Judge in Special Civil Application No.4825 of 1987 on 27/11/1998. The respondent was the original petitioner. He approached this Court by filing the above petition for an appropriate writ, direction or order directing the respondents to consider the case of the petitioner for promotion to the post of Senior Inspector of Factories, Class I on roster point and to grant deemed date of promotion with effect from 1/09/1985 with all consequential benefits.

(3.) The case of the petitioner was that he was appointed as Inspector, Notified Factories which is a Class II post, in the year 1973. On 31/05/1980, he was promoted as Junior Inspector. He belongs to Scheduled Tribe community. According to him, he became eligible to be promoted on roster point to the post of Senior Inspector of Factories which is Class I post. It may be stated that in the year 1966, the Government of Gujarat framed Rules in the exercise of powers under the Proviso to Article 309 of the Constitution, known as the Gujarat Factories Inspectorate Class I (Senior Inspector of Factories) Recruitment Rules, 1966 (hereinafter referred to as the "Recruitment Rules") for appointment to the post of Senior Inspector of Factories. Rule 2 enacted that appointment to the post of Senior Inspector should be made either by promotion of persons of proved merit and efficiency or by direct selection. Rule 3 declared that for being eligible for promotion, a candidate must have held the post of Junior Inspector of Factories for a period of about five years and possessed a degree or a diploma in Mechanical and/or Electrical Engineering from a statutory University or a recognised Institution or possessed an equivalent qualification recognised by Government. Rule 5 provided that appointment by promotion and by direct selection shall be made in the ratio of 1:1 if suitable persons are available for promotion.