BABULAL CHIMANLAL BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application was filed in this Court on 20th September 1999 against the petitioner's reversion order dated 13/09/1999 whereby he was reverted to the post of Superintendent, Class-III from that of Assistant Director, in the Tourism Department. On 21/09/1999 while issuing Rule, the Court also passed an ad-interim order staying the operation of the impugned reversion order. A Caveat had been filed on behalf of the respondents on 18/09/1999, but the same was served upon the petitioner on 25th September 1999 and by that time, the Rule had already been issued and the ad-interim order had already been passed and therefore, learned Addl.Govt. Pleader has not pressed against the order of issuance of Rule and the ad-interim order on this ground. However, the affidavit-in-reply dated 1 3/10/1999 was filed on behalf of the respondents and thereafter, an affidavit-in-rejoinder dated 20/10/1999 had been filed by the petitioner.

(2.) The Civil Application No.11693 of 1999 dated 1st October 1999 appears to have been filed in this Court on 5/10/1999 with the prayer that the ad-interim order dated 2 1/09/1999 be vacated. The matter came up on this Civil Application today before this Court and at the time of arguments, with the consent of both the sides, the main petition itself has been taken up for final disposal.

(3.) There is no dispute between the parties that the petitioner is a member of ST, that he had been initially appointed in the Agriculture Department of the Govt. of Gujarat as Junior Clerk in the year 1972 and in the Agriculture Department, he had cleared the pre-training examination on 30/11/1973 and he had cleared the higher level examination on 9.9.1980 and thereafter he had also been promoted in that Department as Senior Clerk in 1982. While he was working in the Agriculture Department and while he had already worked for a period of nearly 18 years, when the post of Superintendent in the Department of Tourism was advertised to be filled up by direct recruitment, the petitioner applied for the said post of Superintendent in the Department of Tourism. The petitioner was selected for the aforesaid post and was appointed as Superintendent, Class-III by order dated 16/09/1990. He was appointed on probation for one year and on completion of one year's probation period, he was appointed on long term basis, by the order dated 2.11.1991 on the said post of Superintendent. The petitioner continued to work as Superintendent, Class-III in the Tourism Department and while working as such, he was considered for the post of Assistant Director, Class-II in Tourism Department, by the Departmental Promotion Committee and after considering the Confidential Reports of the eligible officers, the Departmental Promotion Committee recommended the petitioner for the post of Assistant Director and acting upon such recommendation, he was promoted as Assistant Director on 27/11/1997. While the petitioner was so working as Assistant Director on being promoted, one Shri J.N.Rajput who was already working as Superintendent in the same Department raised objection against the petitioner's promotion as such. The Addl. Chief Secretary considered the objection as had been raised by Shri J.N.Rajput and afforded an opportunity of personal hearing to the petitioner on 2 5/09/1998. According to the petitioner, the objection raised by Shri Rajput was not accepted and the petitioner's Confidential Reports were sent to the Gujarat Public Service Commission (GPSC) while returning the Confidential Reports of two other candidates to the Department and the petitioner continued to work as Assistant Director. Said Shri Rajput who was working as Superintendent and who was Senior to the petitioner filed Special Civil Application No. 6574 of 1999 in this Court and the Court had issued the Rule on 3 1/08/1999 and the same was made returnable on 15/09/1999. After the notices were served, the present impugned reversion order dated 13/09/1999 has been passed and it is this order dated 13/09/1999 whereby the petitioner has been reverted to the post of Superintendent, Class-III from that Assistant Director, Class-II which has been challenged in this petition.