NANDU K PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners in all 5 in number, clerks in Lower Division of the Subordinate Secretariat Service of the State of Gujarat filed this special civil application under Art. 226 of the Constitution of India and prayed for declaration to be made that they are entitled to the seniority in the secretariat services as clerk on the basis of their initial appointment on their selection by the Gujarat Public Service Service Commission on the same basis as the Typists were given. Further prayer has been made to direct the respondent No. 1 to give them deemed date of promotion as Assistants from the date on which their juniors were promoted as Assistants. The last prayer is made for direction to the respondents to revise the seniority of the petitioners and other clerks viz-a-viz typists on the basis of the date of their appointments and the common seniority list be prepared on the said basis. As usual, the prayer has also been made for the grant of interim relief.

(3.) The special civil application was presented in this Court on 19.9.1996. On the record of this special civil application a combined seniority list of clerks and typists is there at page 46 as Annexure-F. This final list was published on 17.3.1987. This special civil application has been filed by the petitioner after more than 9 years and 6 months of the date of the publishing of the final seniority list. The petitioners have very artistically made the prayers in this special civil application but in substance the prayer is that this final seniority list be modified by placing them senior to hundreds of the employees. This also clearly exhibits from the Annexure- G filed by the petitioners. From this document I find that the petitioner No. 5 Harishankar R. Gupta claiming the seniority above 79 persons. Shri N.K. Patel, the petitioner No. 1 claiming seniority above 38 persons. Shri D..S. Tikadia, the petitioner No. 4 is claiming seniority above 62 persons. Shri P.M. Badreshia, the petitioner No. 2 is claiming seniority above 61 persons and Mr. M.H. Patel, the petitioner No. 3 is claiming seniority above 61 persons.