L N PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed for a direction to the respondents to consider the petitioner for promotion to the post of Sr. Inspector of Factories, Class-I on the roster point with a deemed date from the year 1985.

(2.) The petitioner was appointed in the year 1973 as Jr. Inspector of notified Factories, Class-II. Thereafter, the petitioner was promoted as Jr. Inspector of Factories, Class-II on 31-5-1980. The petitioner belongs to the scheduled tribe community. Hence, his claim for promotion is on the basis of roster point. The Gujarat Factories Inspectorate Class-I (Senior Inspector of Factories) Recruitment Rules, 1966 has provided the procedure for appointment on the post of Sr. Inspector of Factories, either by promotion of the persons on proved merits and efficiency or by direct selection. It was subject to the condition under Rule 3 that for being eligible for promotion, a candidate must have held the post of Junior Inspector of Factories for a period of 5 years and possess a degree or a diploma in Mechanical and/Electrical Engineering from a statutory University or recognized Institution or possess an equivalent qualification recognized by Government. It is submitted by the learned counsel for the petitioner that no scheduled tribe candidate was promoted to the post of Sr. Inspector of Factories, Class-I and hence the petitioner made a representation in the year 1982. The petitioner further made representation on 18-4-1987, 15-5-1987 and 13-7-1987. The petitioner was informed by a letter 8-9-1987 as per the Recruitment Rules the petitioner was required to pass departmental examination. But there was no provision under the aforesaid Rules, 1966 for passing departmental examination. Not a single departmental examination was held till 1976 and not a single scheduled tribe candidate was promoted to the post of Sr. Inspector of Factories, Class-I and the reservation quota was being carried forward. The petitioner being senior most scheduled tribe candidate he was eligible and he ought to have been promoted as soon as he has completed five years service and became eligible in the year 1985. The departmental examination was introduced in the Rules by amendment published on 17-2-1987 which is known as Gujarat Labour Department (Condition of Service relating to Gazetted Officers' Examination) (Amendment) Rules, 1987. Rule 3 requires passing of departmental examination of Gazetted Officer within three chance during the period of three years. The petitioner being a scheduled tribe candidate eligible for promotion as per his seniority on the basis of roster point. But no person was promoted though 12 candidates were promoted to the general category and not a single scheduled tribe candidate was promoted during period from 1976 to 1987. When there was no provision for passing departmental examination for eligibility of Sr. Inspector of Factories, Class-I. Under the new Recruitment Rules, 1987 the respondents decided to hold departmental examination on 28-9-1987. The petitioner also appeared in that departmental examination held on 28-9-1987.

(3.) The petitioner passed the departmental examination on 14-7-1988 in the first attempt when resolution was declared. As such the petitioner is entitled for promotion on the basis of roster point.