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9. Learned Advocate Mr. P.J. Kanabar for the petitioner would submit that while the request of the petitioner for inter-zonal transfer was with a condition that the petitioner would lose her earlier seniority, yet, there is no statutory bar which could be relied upon to make an employee forgo her seniority. It is submitted in the alternative that while the petitioner would be placed in the bottom of the seniority list, yet, her experience i.e. experience of having worked in the Surat Zone could not get washed away on account of the inter-zonal transfer. It is submitted that since the petitioner had passed the Departmental Examination and had become eligible for promotion, her case ought to have been NEUTRAL CITATION C/SCA/26488/2022 JUDGMENT DATED: 02/09/2025 undefined considered by the respondents. It is further submitted that two employees namely (i) Shree P.D. Pandor and (ii) Shree V.R. Bhatol, who were transferred on inter-zone basis, were considered for promotion vide promotion order dated 04.10.2019, whereas the petitioner's case had not been considered.

11. The present petition is vehemently opposed by learned AGP Mr. Pathak for the respondent-State. Learned AGP would submit that the Recruitment Rules provide that promotion to the post of Senior Clerk, Class - III in the subordinate service of the Non Secretariat Department and Offices of the State of Gujarat is regulated by the Senior Clerk, Class-III, in the subordinate service of the Non Secretariat Departments and Offices of the State of Gujarat Recruitment Rules, 2015. Learned AGP would submit that for promotion to the post of Senior Clerk, Junior Clerk would have to put in not less than 5 five years service and should have passed the departmental examination as prescribed by the Government and should also have passed the qualifying examination for computer knowledge in accordance with the provisions of the Gujarat Civil Services Computer Competency Training and Examination Rules, 2006. Learned AGP would submit that though the petitioner fulfills the criteria, yet, since she is at Serial No. 171 in the seniority list of the Junior NEUTRAL CITATION C/SCA/26488/2022 JUDGMENT DATED: 02/09/2025 undefined Clerk in the Ahmedabad Zone, and since her turn for promotion has yet not arisen, more particularly since persons above her have not yet been promoted and since it is not the case of the petitioner that any person junor to the petitioner in the list has been promoted, therefore the case of the petitioner would be considered as and when her turn comes. It is submitted by the learned AGP that the petitioner, having obtained inter- zonal transfer wherein the condition prescribed was of waiving seniority in the Surat Zone, would not be entitled to turn around and submit that her seniority could not be wiped away and she is entitled to claim benefit accruing from the same. Learned AGP would submit that upon the petitioner accepting the inter-zonal transfer, the petitioner was placed in the bottom of the seniority as on date and whereas it is now not open for the petitioner to claim that she should be entitled to seniority, counting the period put in by the petitioner had her former zone. Thus submitting, learned AGP would request that this Court may not consider the present petition and may reject the same.

13. Having heard the learned Advocates for the parties, the following questions arises for consideration of this Court.

(i) Whether the respondents had erred in denying promotion to the petitioner as a senior clerk?
(ii) Whether the petitioner would be eligible to contend that in absence of any statutory rules, the petitioner would not lose her seniority upon her transfer on her own request on inter zonal transfer basis?

14. For examining the above questions, at the outset, undisputed facts, which would give better understanding of the dispute, are required to be stated. The petitioner had joined services as junior clerk, Class-III in the R & B Division, Vadodara, posted at Navsari. Upon completion of 5 years of service, the petitioner's services were regularized on 17.07.2018. The petitioner had applied for inter zonal transfer from Vadodara Zone to Ahmedbad Zone vide her application dated 03.07.2018 along with an undertaking that she would be ready to forgo her seniority upon inter zonal transfer. The petitioner had been transferred to Ahmedabad on inter zonal basis vide order dated 01.02.2019 on the condition that she would forgo her seniority in the Vadodara zone and would be placed in the seniority list as junior most Junior Clerk in the Ahmedabad Zone. The petitioner had resumed service as Junior Clerk on 14.02.2019 and NEUTRAL CITATION C/SCA/26488/2022 JUDGMENT DATED: 02/09/2025 undefined whereas the petitioner had appears in the departmental examination namely lower level examinations conducted by the Gujarat Subordinate Services Selection Board and as per the result of such examination declared on 03.06.2019, the petitioner had been declared successful. A final seniority list of Junior Clerks, Class-III, in the Ahmedabad Zone, had been published on 31.08.2019, with the seniority position as on 01.01.2017, which did not reflect the name of the petitioner. On 04.10.2019, the respondents issued promotion orders of 67 Junior Clerks, to the post of Senior Clerks. The petitioner and other similarly situated employees had submitted a representation on 30.07.2021 requesting that they may be promoted on vacant posts since they have cleared the examination. It appears that thereafter, numbers of promotion orders were issued and certain representations were preferred by the petitioner and whereas representation preferred by the petitioner was rejected vide noting dated 21.10.2021 by the Superintending Engineer.