B N TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As in all these special civil applications, common questions of law and fact arise and in fact these are the petitions filed by the petitioners of common service and challenging identical orders, the same are being taken up for hearing together and are being disposed of by this common judgment.

(2.) The petitioners in these special civil applications joined the services in Accounts and Treasury Department of the Government of Gujarat between 1955 to 1965 in Group III services. The details of service particular of the petitioners are given in annexure `A; of the special civil application No. 215 of 1995. Vide circular dated 20/11/1962, the Government of Gujarat provided that an officer could be granted higher grade or selection grade and for this the test applied should be same as for promotion to the higher post. Under the order dated 27/04/1977 the petitioners along with other officers in Group III and Group II were given selection grade. Under the order dated 1 9/06/1987, of the Finance Department, selection grade was discontinued and new scheme of stagnation increment was introduced. Later on the selection grade which has been given to the petitioners was taken away and that order of the respondents was challenged by the petitioners by filing special civil applications No. 5893 to 5898 of 1991 and 5904 to 5918 of 1991. Those petitions came to be allowed by this court on the ground that the petitioners were not given any notice and opportunity of hearing. After giving opportunity of hearing to the petitioners under the order dated 1 5/10/1994, the respondents have maintained their earlier order. Hence, these special civil applications before this court.

(3.) Learned counsel for the respondents submitted that these matters are squarely covered by the decision of this court given in special civil application No. 8233 of 1995 dated 10/07/1997 ( Coram : R.M. Doshit, J).