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SCA/6216/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6216 of 1998
=========================================
V
R SOLANKI - Petitioner(s)
Versus
VADODARA
MUNICIPAL CORPORATION & 1 - Respondent(s)
=========================================
Appearance
:
MR
AS SUPEHIA for Petitioner(s) : 1,
MR PRANAV G DESAI for
Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/04/2010
ORAL
ORDER
By
way of this petition, the petitioner has prayed for following
reliefs:
17.(A)
directing the respondent Corporation to decide the representation
dated 27.2.97 of the petitioner and if found fit to post him
permanently from 13.3.97 with continuity of service to the post of
Assistant to the Family Welfare Officer, or
(B) Quashing
and setting aside the order dated 4.4.98 in so far as it concerns the
appointment of respondent No.2 to the post of Assistant to the Family
Welfare Officer, and instead direct the respondent Corporation,
to consider the case of the petitioner for that post and if found fit
then to appoint him from 4.4.98 with all the consequential benefits
including difference in pay.
(C) Directing
the respondent Corporation to fill in the post of Assistant to
the Family Welfare Officer from the person of the family welfare
cadre and that too by reserved category candidate and not from the
revenue cadre.
(D) During
the pendency and final disposal of this petition, respondent
Corporation may be directed to post the petitioner as incharge
Assistant to the family welfare officer in the place of respondent
No.2.
(E) To
grant such other and further reliefs as may be deemed fit.
Pursuant
to order dated 31st March 2010, reply is filed on behalf
of respondent No.1. Paragraph 10 of the reply reads as under:
10) With
reference to para 7 of the petition, it is submitted that the post of
Asst. Welfare Officer is the post of revenue cadre. In this regard,
a seniority list had been duly prepared by circular No.26 dated
29.6.1992 concerning the relevant post of Non-Technical Division-3 in
which the post in question falls and it was indicated in the said
circular that the seniority list has been prepared as of 1.1.1992 and
if anyone is aggrieved by the same, written complaint be made within
30 days from the date of the said circular together with appropriate
documentary evidence. Copy of the said circular dated 29.6.92 along
with the list of the post falling in Non-Technical Division-3 is
enclosed herewith as ANNEXURE-II.
It is submitted that all posts of revenue cadre upto the specific
scale are required to be filled in by promotion. The respondent No.2
is handicapped employee and promoted to the post of Asst. Family
Welfare Officer, the post being of revenue cadre. I crave leave to
refer to Annexure-H for its true meaning and effect.
The
above position could not be controverted by learned Advocate for the
petitioner. In this view of the matter, it is apparent that
petitioner is not entitled for promotion. Hence, petition being
devoid of merits, deserves to be dismissed and the same is,
accordingly, dismissed. Rule is discharged with no order as to costs.
(K.S.
Jhaveri, J.)
*menon
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