SCA/24235/2007 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24235 of 2007 ========================================================= HEDUJI HIRAJI THAKORE - Petitioner(s) Versus AMRUTLAL S. KADIYA & 4 - Respondent(s) ========================================================= Appearance : PARTY-IN-PERSON for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 3. MR JK SHAH, ASST GOVERNMENT PLEADER for Respondent(s) : 4 - 5. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 23/03/2010 ORAL ORDER
1. The
petitioner, party-in-person has prayed to quash and set aside the
orders of the Tribunal passed in Application Nos. 183 of 1990, 33 of
2005 and 126 of 2006 and further to direct the respondent authorities
to promote the petitioner to the post of Junior Clerk with effect
from October 1986 and to pay the arrears thereof.
2. The
petitioner was appointed as Laboratory Assistant cum Peon in Gram
Seva Mandir, Nardipur in 1978. In the year 1984, the petitioner was
rendered surplus in the said school and was therefore absorbed as
Laboratory Assistant-cum-Peon in a school at Kalol. Thereafter, in
the year 1988, a post of Laboratory Assistant cum Peon in the school
at Kalol was reduced and one Shri B.S. Parmar being the junior most
was held to be surplus. This action was challenged before the
Tribunal and the Tribunal set aside the order declaring the said Mr.
Parmar as surplus and directed that the petitioner be declared
surplus and be absorbed in some other school. The petitioner was
thereafter absorbed in the higher secondary school at Vamej. The
petitioner was held surplus there also and was absorbed in a School
at Kalol in the month of October 1996 and since then the petitioner
has been promoted as Junior Clerk in the year 1999.
3. Heard
Mr. Heduji Hiraji Thakore, party-in-person and learned AGP, Mr. J.K.
Shah at length. The Tribunal while considering the case of the
petitioner has relied upon the decision dated 16.10.1989 and rejected
the claim of the petitioner on the ground that on being declared
surplus the petitioner was absorbed in another school and in such
case the peons working in that school had to be given priority. This
court is in complete agreement with the view taken by the Tribunal
and does not see any reason for causing interference.
4. At
this stage, an attempt is made by the petitioner-party in person to
equate himself with the surplus teachers, supervisors and other
higher posts. In my view, such an equal footing cannot be given in
case of peons more particularly when no special rules have been
framed for surplus peons.
5. This
court is of the view that considering the overall facts and
circumstances of the case, no case is made out for interfering with
the order of the Tribunal. This petition is devoid of any merits and
deserves to be dismissed. Petition is accordingly dismissed. Rule
is discharged. No costs.
(K.S.
JHAVERI, J.)
Divya//