M S KOYA Vs. DDO

JUDGEMENT

(1.) This appeal is filed against dismissal of Special Civil Application No. 6726 of 1988 by the learned Single Judge by a judgment and order dated 15/02/1996.

(2.) The appellant was the original petitioner. He filed the above petition for an appropriate writ, order or direction quashing and setting aside the action of superseding the petitioner and not promoting him to the post of Extension Officer / Statistician from the post of Gram Sevak , being illegal, ultra vires and unconstitutional and for all consequential benefits.

(3.) The case of the petitioner was that he was serving as Gram Sevak at Kharod in Ankleshwar taluka of Bharuch district. He was initially appointed in April 1962 in the State Service and on formation of the Panchayat Raj, he was allocated to Panchayat Service. With effect from 1/01/1982, he was placed in IRD department at Kharod and continued as such . His grievance was that in October 1982, promotions were given from the post of Gram Sevak to the post of Extension officer. Though he was eligible and qualified and hence ought to have been promoted to the said post, he was superseded. It is his case that he made a representation but it was wrongly turned down. He has stated in the petition that final seniority list of Gram Sevaks was prepared and published on 25/05/1982 and in the said seniority list, he was shown at serial No. 37;whereas one R.G.Bhatt was shown at serial No. 59. In 1987, again promotions were given and Mr Bhatt was promoted at that time,though he was at serial No.59 and the petitioner was not promoted even though he was at serial No.37. It was also his case that in past, a minor punishment was imposed on the petitioner of stoppage of one increment without cumulative effect. In case of Mr. Bhatt, his increment was also stopped and yet, he was promoted. Similar treatment was,therefore, not shown towards him. According to the petitioner, he he was entitled to promotion from 1982 when his junior,respondent No.2 was promoted to the post of Extension Officer with all consequential benefits.,