D K PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by this petition under Article 226 of the Constitution of India prays for directions to the respondent nos.2 and 3 to forthwith confer him on the post of English Stenographer Grade-II and further direct them to treat him as English Stenographer Grade-II with retrospective effect from the date of his initial appointment, that is, from November, 1984 with all consequential benefits, like leave, increment, pay scale etc. Second prayer is made for directions to the respondents, and in particular, respondent No.3 to treat the petitioner's services as English Stenographer Grade-II from November, 1984 with all consequential benefits including his seniority and other financial benefits whatsoever accrued out of his service period as Stenographer Grade-II right from November, 1984.

(2.) After filing of this Special Civil Application, the petitioner prayed for amendment to the same and accordingly he was permitted to amend this Special Civil Application. By this amendment, he further incorporated two prayers. In the first prayer, he prayed for a writ of mandamus and/or a writ of certiorari or any other writ, order or direction, quashing and setting aside the order No.40 of 1987 dated 27.2.1987 - Annexure-A reverting him and changing his cadre from the post of English Stenographer Grade-III to that of Section Writer. Second prayer is made for interim relief or stay of the order at Annexure-K dated 15.7.1989. Under this order, services of the petitioner was brought to an end. In amended prayer - Annexure-A mentioned by the petitioner seems to be incorrect. It is Annexure-J, page 39 of this Special Civil Application.

(3.) Facts of the case in brief are that, the petitioner was initially appointed as English Stenographer Grade-III and attached to the Civil Court (Senior Division), Mahesana, in the month of November, 1984. This appointment was purely a temporary/adhoc and fixed term appointment which clearly born out from Annexure-A on the record of this Special Civil Application at page 17. The petitioner has come up with the case that, under office order dated 24.4.1985 Annexure-B he was regularly appointed as English Stenographer Grade-III. The grievance is made by the petitioner that by giving him artificial break, he is deprived of certain consequential benefits including the increment for which he was entitled right from the date of his first appointment. It is stated that, he has possessed requisite qualifications for the post of English Stenographer Grade-III as well as for English Stenographer Grade-II. Under the resolution of the Government, Legal Department, Gandhinagar dated 17.1.1989, it is provided that English /Gujarati Stenographers Grade-III in the pay-scale of Rs.350-500 be introduced with immediate effect. In the resolution as per the petitioner's case the Government directed that where and to the extent that stenographer's Grade-II are not available in the courts subordinate to this Court, the posts of stenographers Grade-II should be down graded and filled in by stenographer Grade-III with the condition that those down-graded posts should be upgraded again as and when the incumbents qualify for appointment as stenographer Grade-II. Relying upon the resolution, it is the contention of the learned counsel for the petitioner that since the inception the petitioner possesses qualification prescribed for the post of stenographer Grade-II. He should have been taken to be stenographer Grade-II right from his appointment. The petitioner submitted an application on 2.5.1986 to the respondent No.3 requesting him for considering his case and for treating him as stenographer Grade-II. In December, 1984 the petitioner applied for the post of English Stenographer Grade-II in reply to the advertisement given in "Sandesh" daily newspaper by the respondent No.3. He was called for interview. However, he was not selected. It is the say of the petitioner that, at that time only two candidates had applied for the aforesaid post of English Stenographer Grade-II, out of which one was the petitioner. Neither of the candidate was selected for the said post, again advertisement came to be published in the newspaper in the month of April, 1985. The petitioner in response to the same applied through proper channel. About dozen of candidates were called for interviews, the petitioner was one of them, but he was not selected. Three other candidates were selected and appointed as Stenographer Grade-II.