I.S. Sindhi And Ors. vs State Of Gujarat And Ors. on 9 January, 1989
In what manner such seniority should be fixed is now well settled by the Supreme Court in the case of N.K. Chauhan v. State of Gujarat and subsequent judgments of the Supreme Court referred by this Court in the case of A.N. Trivedi and Ors. v. State of Gujarat 1988 (2) GLH 301 : 1988 (2) CLR 1123. The competent authority while fixing the seniority should consider this aspect and try to do justice to the petitioners or any of them in fixing the seniority. It should, however, be observed that the question of seniority is not before this Court at this stage and, therefore, these observations are being made only for the purpose of giving guidelines to the department and to point out that injustice to that extent appears to have been done to the eligible departmental persons. As the petitioners are already promoted, their grievance for promotion does not survive and, therefore, no order is required to be passed in that connection. The relief is also granted to the extent that out of the petitioners and similarly situated eligible departmental persons who could have been promoted as Sub-Inspectors on the eligibility criteria, under the Rules, 13 persons over and above the 14 persons who were promoted between June 26, 1979 and February 26, 1980 should be considered as promoted under the Sub-Inspectors Rules of 1973, upto February 26, 1980 and be granted deemed date of promotion as Sub-Inspectors. It is for the competent authority to consider as to who, out of the petitioners or similarly situated eligible departmental persons, would have been promoted on the basis of the eligibility criteria under the rules. Over and above this, the claim for their seniority also be considered. Rule is made absolute to that extent with no orders to costs. Interim relief stands vacated.