DILIP G PANCHAMIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed for a direction to the respondents to fill up the four posts of Senior Inspector of Factories from persons in the waiting list of direct recruits prepared by Gujarat Public Service Commission (GPSC for short) and to appoint the petitioners to the post of Senior Inspector of Factories with immediate effect and to restrain from filling up the four posts of Senior Inspector of Factories by promotion of departmental candidates without appointing the persons in the waiting list and till the direct recruits acquire the number of posts available to them as per the statutory quota rule.

(2.) On 1 4/01/1992 an advertisement was published by the GPSC in the local newspaper "Sandesh" inviting the applications for two posts of Sr. Inspector of Factories reserving one post from general category and other post for SC candidates. Elimination test was held 21-7-1990 and interview was held on 10th and 11th of June, 1991. Thereafter the result was declared and the list of 9 persons was prepared. Out of them first two persons were selected and seven persons were kept in waiting. The four petitioners are out of seven persons in waiting list. The names of two persons selected were sent to the Government and they were appointed and they are still working. The Recruitment Rules provide that the appointment to the post of Sr. Inspector of Factories can be made by direct recruitment as well as promotion in ratio of 1:1. It is asserted that the promotees have been appointed in excess their quota. The respondent is seeking to fill up the posts by promotion though the vacancies are required to be filled up by direct recruitment.

(3.) The petitioners have been selected by GPSC for the posts i.e. the petitioners are available and their select list/waiting list is operative. The petitioners are qualified engineers. The petitioners no. 1, 2 and 3 are degree holders having qualifications of B.E. (Mech.) and the petitioner no. 4 holds qualification of Diploma in Electrical Engineering. The petitioners have also put in service more than 10 years in the lower Class-II post of either Inspector of Notified Factories or Jr. Inspector of Factories. The petitioners have filed the list to show that the promotees have been appointed in excess of their quota and the direct recruits have remained in deficit. From the communication of the GPSC it is made clear that that the list is in force till 30th August, 1993 for a period of two years from the date of the notification of the selection. All the persons who were in the select list have already been appointed in the direct recruitment and the petitioners are waiting for their turn as they know that the direct recruits are very much in the deficit according to the Government circular as well. They come to know that the departmental promotion committee was convened on 8-5-1992 to select the departmental candidates for the post of Sr. Inspector of Factories and the Committee has already recommended the names to the Government. The appointment by promotion is in violation of the statutory Recruitment Rules for filling up the posts by direct recruitment and the promotion in the quota of 1:1. The petitioners made their representation dated 14-5-1992. But they have not received any reply and they apprehend that the promotion orders will be issued to the promotees.