Gujarat High Court
Rathwa Baldevbhai Surtanbhai & 4 vs State Of Gujarat Thro Secretary & on 21 April, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/4572/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4572 of 2012
==========================================================
RATHWA BALDEVBHAI SURTANBHAI & 4....Petitioner(s)
Versus
STATE OF GUJARAT THRO SECRETARY & 1....Respondent(s)
==========================================================
Appearance:
MR KB PUJARA, ADVOCATE for the Petitioner(s) No. 1 - 5
GOVERNMENT PLEADER for the Respondent(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1 - 2
==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 21/04/2016
ORAL ORDER
In the affidavit-in-reply filed on behalf of the respondent No.2 Corporation in paragraph 7, it has been averred as under:-
".... It is stated that as per the Government Resolution dated 19.9.1995 issued by the Government of Gujarat through Agricultural Corporation and Rural Development Department, there were backlog of 39 posts qua cadre of Field Assistant (Soil Conservation) so far as the Scheduled Tribe category is concerned. It is humbly stated that the said posts are already filled up through a special drive. The respondent No.2 submits that subsequent to the said G.R dated 19.9.1995, all the posts of backlog qua Scheduled Tribe category are filled up in accordance with the applicable policy of the State Government meant for the reserved categories and there is no backlog as per the Certificate dated 8.1.2008 and a copy of the certificate is annexed.."
Mr. Pujara, the learned counsel appearing for the petitioner submitted that the averments on oath are not correct. Mr. Pujara still maintains that out of 39 backlog vacancies, only 27 were filled-up, whereas 12 vacancies are still Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Apr 22 01:50:50 IST 2016 C/SCA/4572/2012 ORDER there as on date.
Mr. Munshaw disputes as regards vacancies as on date. Let the picture be made clear by filing a further affidavit. S.O to 28.4.2016.
(J.B.PARDIWALA, J.) Mohandas Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Apr 22 01:50:50 IST 2016