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SCA/38/1994 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 38 of 1994
=========================================
GUJ.STATE
TAL.DEV.OFFICERS ASSOCIATION CLASS-II - Petitioner(s)
Versus
ADDL.CHILEF
SECRETARY (PERSONNEL0 & 7 - Respondent(s)
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Appearance
:
MR YN OZA
for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1, 7,
NOTICE SERVED
for Respondent(s) : 1.2.1, 1.2.2,1.2.3 - 2, 6,
MR S TRIPATHY for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/04/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has inter-alia claimed following
relief.
20(b)
Be pleased to issue a writ of mandamus or any other appropriate
writ, order or directions by directing the respondents, their
officers and agents to strictly adhere to General Administrative
Service Rules 1974 in respect of quota prescribed under Rule 5 and
thereby give promotions to the persons belonging to Taluka
Development Officers Service Class II and fill 94 post of Gujarat
Administrative Service Class I from Taluka Development Officers
Class II who are qualified and eligible immediately with all
consequential and incidental orders even by adjusting their
promotions accordingly and to continue to maintain this quota by
stricting adhering to Gujarat Administrative Service Rules of 1974;
2. On
11th September 1996, the following order was passed by the
High Court (Coram : Miss R.M. Doshit, J.)
RULE.
By way of interim order, it is directed that the Government shall
examine the promotions made to the Gujarat Administrative Service
Class II after 1.4.1989 as far as the ratio amongst the promotees
i.e. Mamlatdars and the candidates belonging to the Gujarat
Development Service Class II is concerned. If on such
examination, any shortfall is detected from amongst any one class of
the promotees, the same should first be filled in.
3. The
aforesaid directions have been issued in the year 1996. By now the
Government must have considered the matter and necessary promotions
must have been granted. No adverse order has been pointed out.
Therefore, this petition is disposed of in terms of the aforesaid
interim order dated 11/09/1996. The parties shall abide by the said
order. Rule is made absolute to the aforesaid extent with no order
as to costs. Liberty to revive in case of difficulty.
(K.S.
Jhaveri, J.)
*menon
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