Gujarat High Court
Pradhyumansinh Ranjitsinh Jadeja vs State Of Gujarat & on 21 September, 2015
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/15148/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 15148 of 2015
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PRADHYUMANSINH RANJITSINH JADEJA....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR SHAKTI S JADEJA, ADVOCATE for the Petitioner(s) No. 1
MR SP MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 21/09/2015
ORAL ORDER
The applicant is aggrieved by the advertisement issued by the Corporation for the post of Divisional Fire Officer by way of direct recruitment. On-line applications were invited between 8.9.2015 and 29.9.2015.
Learned advocate Mr. Shakti S. Jadeja appearing for the petitioner has urged that while disposing of Special Civil Application No.3192 of 1986 in the case of Bhavnagar Municipal Nokariyat Sabha Vs. Bhavnagar Municipal Corporation rendered on 29.11.2001, this Court had directed not only the framing of rules for different posts but also a ratio to be maintained for filling in the posts in the ratio of 70:30. The Court had directed that in case of promotion of the employees, 70% of the higher posts be filled from amongst persons already working, and the remaining 30% posts be filled by way of direct recruitment. This was on the strength of the settlement arrived at by and between the employees and Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Sep 22 03:03:14 IST 2015 C/SCA/15148/2015 ORDER the employer. He has urged that no rules so far have been made. It is also pointed out that the State Government proposed draft rules, which have been forwarded to the Corporation on 3.1.2015 proposing the regulations determining the terms and conditions of the officers and employees of fire service of the State Government, wherein also in case of Divisional Fire Officer, it has been recommended that the posts should be filled in by way of promotion of a person on the criteria of seniority - fitness from amongst the persons working the cadre of sub-officer and who has put in five years of continuous service on the post or in the alternative by way of deputation from any fire services. He has also pointed out that from the advertisement that all the criteria set out in the proposed rules has already been incorporated, except for considering the case of those employees who were working with the Corporation. He also further pointed out that from the Resolution of Surat Municipal Corporation dated 11.8.2015 for Divisional Officer (Fire), they have decided to fill in that post 100% by way of promotion. He therefore urged that as there is only one post meant for senior officers, it ought to have been filled in by way of promotion, and not by way of direct recruitment.
Issue urgent notice returnable on 24.9.2015. It is expected that on the returnable date, the respondent Corporation shall file affidavit-in-reply and make its stand clear. There shall also be notice as to interim relief in terms of paragraph 38(B). Direct service today is permitted.
(MS SONIA GOKANI, J.) sndevu Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Sep 22 03:03:14 IST 2015