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7.6 Mr. Bambhania submitted that any action and orders passed on the basis of asserted orders of This Court, which has factually incorrect foundation, cannot be given effect to as the officer who has passed the order had no audiority to pass the instructions, which runs counter to the statutory rules and which has overriding effect over the instructions issued and orders passed.
7.7 Learned Counsel submitted that by virtue of direction and observations, no employee can jump the promotion queue and procedure on the grounds of having passed the L.R.Q. Examination. The post of junior clerk has the first promotion of surveyor, and diereafter, senior clerk/maintenance surveyors, shirestedars, etc. As per judgment of the Tribunal, if any person who has passed me L.R.Q. Examination from inferior service is available as per statutory rules and seniority, the unqualified person must give room to him. The equation should be 1:1 which shall not exceed me cadre strength.

12.3 According to die respondents, as on 29-8-1984, there were in all, 56 available posts of senior clerks out of which 5 were vacant whereas 18 posts were occupied by non-qualified persons.

12.4 In die year 1984, die Rules of 1970 were further amended by amending Rules 2(k) whereby the post senior clerks was included in the Subordinate Land Records Service. In the year 1987 four appeals were filed before the Tribunal contending that though die appellants were similarly situated as Shri H.M. Patel, they were not given benefits as were given to said Shri H.M. Patel. The said appeals were allowed and die respondents were directed to give promotion to die appellants dierein. It was also directed that cases of all the employees in Land Records Department throughout the State of Gujarat of the time prior to Notification dated 29-8-1984 should also be similarly decided as per the directions of the Tribunal in case of H.M. Patel. It was also directed that promotions of such employees with deemed date should also be notional i.e. they would not be entitled to any arrears of pay. In pursuance of die aforesaid two judgments of the Tribunal i.e. dated 17-1-1983 and 20-11-1992, the Settlement Commissioner & Director of Land Records issued instructions/guidelines dated 13-8-1993. As per the said guidelines, the deemed date is to be given to the concerned persons who had passed the L.R.Q. Examination and qualified for the promotion to the post of senior clerk against the posts that have been occupied by the unqualified persons.

12.5 According to these guidelines, me promotion which have been given to the unqualified persons to the senior-most be withdrawn as and when qualified persons are available. The benefit of deemed date should be given from the date on which the unqualified persons have been promoted. The deemed dates are given to only those persons who have been promoted against the post of senior clerk from which die unqualified persons have been reverted.

12.6 Thereafter, certain petitions were filed in This Court for implementation of the directions of me Tribunal.

14.1.3 The aforesaid direction was issued by the Tribunal on the basis of its findings stated in para 4 of the judgment:
4 ...It is no doubt true that if the persons who have passed the qualifying examination are not available the persons who have not passed the qualifying examination can be promoted but as soon as the qualified persons are available, unqualified persons promoted are required to be reverted and the qualified persons are required to be promoted. Rule 5 provided that where a person who has passed the departmental available for promotion to the higher post, a person whose chances to pass the examination are not under the Rule 3 may be promoted to officiate in the higher post subject to the conditions that he shall be reverted on the availability of a person who has so passed the examination or on his failure to pass the examination within the prescribed chances during the prescribed period, whichever event occur earlier. As the appellant has passed the qualifying examination under these rule in 1978 he is entitled to be promoted as senior clerk by reverting his seniors, if necessary, who were promoted though they had not passed qualifying examination, and fherefore, the appellant must succeed in his appeal.