L M PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed that the action of the respondents in not giving him the benefit of temporary clerk as well as permanent clerk from work charged clerk is illegal and arbitrary and has also further challenged the action of the respondents in giving the said benefits to his juniors without considering his claim. It is the case of the petitioner that he was initially appointed as a daily wager clerk at Mankodi in the year 1959 and he worked upto April 1965. Thereafter from 6.3 1965 he was appointed as work charged and accordingly he is serving with Roads and Buildings Department since 1959. He was also allowed to cross EB in the year 1974 which order is at Annexure-C to the petition.

(2.) It is the say of the petitioner that the seniority list of the work charged employees is being maintained division wise and he is serving as work charged clerk since 1965 and in his division, the seniority of the petitioner is far ahead and to the knowledge of the petitioner he is first in the seniority list. Of course the extract of the seniority list is not produced. However, it is averred in the petition that even though he had asked for the copy of the seniority list, the same is not made available to him. The petitioner has made various representations for giving him the benefit of temporary status of a clerk from work charged clerk. The representations made by the petitioner are at Annexures F and H to the petition. Even though the petitioner had made various representations to the department, no reply has been given by the department to the petitioner.

(3.) Shri V.P.Patel who was junior to the petitioner has been given the order of temporary clerk with effect from 24.12.1980 and therefore, in his representation at Annexure-H he had given all the details as to how he is senior to said Patel. Not only that the Executive Engineer has recommended the case of the petitioner to the Superintending Engineer by the recommendation letter. Said letter of the Executive Engineer addressed to the Superintending Engineer is annexed at Annexure.I to the petition.