S.A.SHAH - (1.)The petitioner who had been allocated to the bilingual State of Bombay on 1-11-1956 is agitating for getting his proper seniority in the cadre of Aval Karkun and though he has retired as Deputy Collector his seniority in the cadre of Aval Karkun has not been fixed by the authorities. He has been thrown from pillar to post for getting the relief. Ultimately he has approached this Court for the fixation of his seniority in the cadre of Aval Karkun and for consequential reliefs
(2.)Some facts will be relevant for the purpose of deciding the issue. The petitioner was recruited as Accounts Clerk in the Office of the then Development Commissioner of the former State of Saurashtra on 24/08/1954 where he was confirmed as such on 1/08/1956 The Saurashtra State merged with the bilingual State of Bombay on 1/11/1956 and there was no cadre of Accounts Clerk of the office of the Development Commissioner to which the petitioner could be equated and therefore the petitioner remained in lurch and he was posted in the office of the Commissioner at Rajkot.
(3.)Ultimately by an order dated 20/01/1959 the post of Accounts Clerk of the Office of Development Commissioner Saurashtra was equaled with the post of Aval Karkun in the Bombay State in the scale of Rs. 100-8-140 and the petitioner was absorbed in the said cadre. The order appears to have been passed by the then Government of Bombay and the material portion thereof being relevant is reproduced as under:
.....the posts of Accounts Clerk on the scale of Rs. 80-5-95-7-130 allocated from the office of the Development Commissioner in the former State of Saurashtra should be deemed to be equivalent to the post of Aval Karkun on the scale of Rs. 100-8-140 in the former Bombay State and that the absorption and appointment of the incumbent should be regulated accordingly.