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SCA/170819/1991 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1708 of 1991
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
AG
DALWADI & 1 - Petitioner(s)
Versus
COLLECTOR
& 23 - Respondent(s)
======================================
Appearance
:
MR MITHIL J.MEHTA FOR MR YN OZA
for Petitioner No.1, None for Petitioner No.2.
MR
CHINMAY GANDHI LD.AGP for Respondent Nos.1 - 2.
MR DC RAVAL FOR MR
M R ANAND for Respondent
Nos.3-22
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/02/2009
ORAL
JUDGMENT
By
way of this petition under Article 226 of the Constitution of India,
the petitioners have prayed
for appropriate writ, order and/or directions directing the
respondents authorities to consider case of the petitioners for
promotion for the post of Dy.Mamlatdar strictly in accordance with
Rule 7 and other Rules of LRQE Rules 1978 and as amended in 1982 and
to give a consequential benefits to the petitioners.
It
appears that at the relevant time, Provisional Seniority List was
prepared on the basis of which the petitioners have claimed
promotion, however, the said Provisional Seniority List was subject
to challenge before this Court by way of Special Civil Application
No. 2198 of 1988 and other cognate matters. It appears that vide
interim order dtd.29/12/1988, the Division Bench of this Court
passed the following order:-
Rule.
By way of interim
relief, it is directed that the respondents shall not revert the
petitioners from the posts of Deputy Mamlatdars till those who passed
the Lower Revenue Qualification Examination after the petitioners and
were promoted later are retained in the posts of Deputy Mamlatdar.
Subject to this restriction, it will be open to the respondents to
operate provisional seniority lists prepared by them for the purpose
of reversion. In respect to those who have passed the examination at
the same time and were promoted at the same time, last come first go
principle will apply.
The respondents
are further directed to revise the provisional seniority list for
each district so as to make them consistent with the guidelines
issued by the Government along with its letter dated 15/5/1986. They
are further directed to complete the said process within one month
from today and submit copies of such lists to this Court on or before
6/2/1988, for granting such interim relief as may be thought fit.
The interim relief granted by the present order will continue till
fresh orders are passed thereafter, in this behalf.
S.O. to 6/2/1988.
Direct service to resp.Nos.1 and 2 permitted.
It
is reported that the said Special Civil Application No. 2198 of 1988
and other cognate matters are already disposed of by the Division
Bench of this Court vide judgement and order dtd.18/1/2006.
Therefore, now the List would have been revised and/or further
operated and therefore, the respective parties are to act as per the
decision of the Division Bench in the aforesaid Special Civil
Application No. 2198 of 1988 and other cognate matters and to
consider the case of the petitioners, if not considered so far. With
these present Special Civil Application stands disposed of.
[M.R.
SHAH, J.]
rafik
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