Gujarat High Court
Rana Parimalsinh Jayendrasinh vs State Of Gujarat on 1 May, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 24235 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 19768 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 19875 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 12093 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRZAR S. DESAI Sd./-
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Approved for Reporting Yes No
✔
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RANA PARIMALSINH JAYENDRASINH & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR NIKUL K SONI(5122) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR ADITYA DAVDA, ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 01/05/2025
COMMON ORAL JUDGMENT
1. Heard, learned Advocate, Mr. Soni, appearing for the Petitioners and learned AGP, Mr. Davda, for the Respondents in each of these petitions.
1.1 Learned Advocate, Mr. Soni, appearing for the Petitioners submitted that the issue involved in these matters is squarely Page 1 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined covered, which aspect is not disputed by the learned AGP, Mr. Davda, and therefore with their consent, these matters are taken-up for final hearing and disposal, today.
1.2 Hence, RULE. Learned AGP, Mr. Davda, waives service of Rule for the Respondents.
2. At the outset, learned Advocate, Mr. Soni, appearing for the petitioners submitted that, though, the petitioners have prayed for manifold reliefs in these petitions, they are restricting their prayers only qua the reliefs that the CCC certificate obtained by them from Dr. Babasaheb Ambedkar Open University, Ahmedabad (in brief, 'Open University'), be considered valid for the purpose of employment and that their case for grant of promotion and further higher pay-scale, be considered from the date, from which the other persons were promoted and so far as, the seniority of the Petitioners is concerned, the Petitioners are ready and willing to give-up their right of inter se seniority and are ready to accept the promotion, even if, they are placed at the bottom of the list of the persons, who are promoted, earlier.
2.1 In view of the specific instructions and express agreement given by the Petitioners to the learned Advocate, Mr. Soni, as noted herein above, and as rest of the prayers are not pressed at this stage, these mattes were taken-up, today.
3. Since, learned AGP, Mr. Davda, could not dispute that the facts involved in these matters are similar, the same are drawn Page 2 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined from Special Civil Application No. 24235 of 2022.
3.1 Since, the petitioners, herein, fulfilled the requisite criteria, they were selected by the Gujarat Subordinate Services Selection Board and were appointed on the post of Forest Guards, Class-III, between the years 2009 to 2013. The petitioners were granted appointments, pursuant to GR dated 30.09.2006, which mandated that a candidate selected through direct recruitment must have passed CCC / CCC+ examination, at the time of his / her promotion and the grant of higher pay-scale.
3.1.1 According to the petitioners, they had cleared CCC examination even before their appointment, i.e. before 2009, and therefore they are meeting with the required criteria for regularization of their appointments.
3.2 As per GR dated 04.06.2009, which was amended vide GR dated 23.10.2015, the persons, who were appointed on the post of Forest Guard, Class-III, were required to pass CCC examination within the period of two years, from the date on which they were placed in the regular pay-scale and the persons, who failed to do so, were not to be included in the seniority list. GR dated 23.10.2015 provides that, if, a person fails to clear the CCC examination within seven years from the date of his / her appointment, then, the services of such person shall be liable to be terminated.
3.3 It is the specific case of the petitioners that they have Page 3 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined passed the CCC examination from the Open University, even before their appointments were made as Forest Guard, Class- III. But, in view of the policy of the State Government to get the CCC examination certificate from a government recognized institute, some of the petitioners once again appeared in the CCC examination conducted by another recognized institute. As the petitioners could not pass the CCC examination within two years, from the date on which they were placed in the regular pay-scale, the Respondents have placed them at the bottom of the Seniority List.
3.4 According to the Petitioners, they are serving as Forest Guard, Class-II,I and they are due to be promoted on the post of Forester, Class-III, for which their names are also included in the provisional seniority list issued by the Respondents by placing them at the bottom and therefore, they have preferred the present petitions.
4. Learned Advocate, Mr. Soni, appearing for the Petitioners submitted that each Petitioner has passed the CCC examination from the Open University and therefore, they are eligible and entitled to be promoted on the post of Forester, Class-III.
4.1 Learned Advocate, Mr. Soni, has provided the details of all the petitioners of this petition in a tabular form, which read thus;
Petition Petition Name Date of 1st CCC Regul 2nd CCC Current Page 4 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined Number er of the Appoint Certifi arizati Certificat Post Number Petition ment cate on e er SCA No. 1 Rana 01.03.201 02.01.2 27.10. 22.09.201 Forest 24235 of Parimals 1 010 2016 9 Guard 2022 inh w.e.f. (Dr. w.e.f. (Gujarat Jayendra 01.03.201 Babasa 01.03. University sinh 1 heb 2016 ) Ambed kar Open Univers ity) SCA No. 2 Machhi 01.03.201 17.05.2 27.10. - Forest 24235 of Urvashib 1 009 2016 Guard 2022 ahen w.e.f. (Dr. w.e.f.
Naginku 01.03.201 Babasa 17.03.
mar 1 heb 2016
Ambed
kar
Open
Univers
ity)
SCA No. 3 Gamit 31.08.200 17.05.2 06.01. - Forest
24235 of Barthak 9 009 2015 Guard
2022 umari w.e.f. (Dr. w.e.f.
Kantilal 31.08.200 Babasa 01.09.
9 heb 2014 Ambed kar Open Univers ity) SCA No. 4 Vasava 31.08.200 22.01.2 09.12. - Forest 24235 of Viruben 9 007 2014 Guard 2022 Panchiya w.e.f. (Dr. w.e.f.
Page 5 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined bhai 31.08.200 Babasa 01.09. 9 heb 2014 Ambed kar Open Univers ity) SCA No. 5 Barad 03.09.201 11.01.2 06.03. - Forest 24235 of Vaipalsin 3 008 2019 Guard 2022 h w.e.f. (Dr. w.e.f.
Takhatsi 05.09.201 Babasa 05.09.
nh 3 heb 2018
Ambed
kar
Open
Univers
ity)
SCA No. 6 Raval 01.03.201 17.05.2 27.10. - Forest
24235 of Anitaben 1 009 2016 Guard
2022 Chandub w.e.f. (Dr. w.e.f.
hai 01.03.201 Babasa 01.03.
1 heb 2016
Ambed
kar
Open
Univers
ity)
SCA No. 7 Baria 31.08.200 08.08.2 18.12. 09.10.202 Forest
24235 of Maheshb 9 008 2014 2 Guard
2022 hai w.e.f. (Dr. w.e.f.
Shanabh 31.08.200 Babasa 01.09.
ai 9 heb 2014
Ambed
kar
Open
Univers
ity)
Page 6 of 16
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NEUTRAL CITATION
C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025
undefined
Special Civil Application No.12093 of 2024
Petition Petition Name Date of 1st CCC Regul 2nd CCC Current
Number er of the Appoint Certifi arizati Certificat Post
Number Petition ment cate on e
er
SCA No. 1. Solanki 23.02.201 08.08.2 23.02. 17.02.201 Forest
12093 of Parulben 1 008 2016 9
Guard
2024 Rajeshb w.e.f. (Dr. (Gujarat
hai 17.02.201 Babasa University
1 heb )
Ambed
kar
Open
Univers
ity)
Special Civil Application No.19768 of 2022
Petition Petition Name Date of 1st CCC Regul 2nd CCC Current Number er of the Appoint Certifi arizati Certificat Post Number Petition ment cate on e er SCA No. 1. Pavra 03.09.201 08.10.2 18.05. 23.10.202 Forest 19768 of Mahendr 3 010 2019 0 Guard 2022 asinh w.e.f (Dr. w.e.f (Gujarat Prabhats 05.09.201 Babasa 05.09. University inh 3 heb 2018 ) Ambed kar Open Univers Page 7 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined ity)
2. Charadiy 03.09.201 17.05.2 28.01. 24.12.202 Forest a 3 009 2020 0 Guard Ranjitbh w.e.f (Dr. w.e.f (Gujarat ai 05.09.201 Babasa 05.09. University Hamirbh 3 heb 2018 ) ai Ambed kar Open Univers ity) 4.2 Learned Advocate, Mr. Soni, appearing for the petitioners submitted that the issue about seniority of the petitioners is squarely covered by the decision of Coordinate Bench of this Court dated 03.08.2022 passed in Special Civil Application No. 3808 of 2021 and allied matters in case of 'Askani Rubinaben Mahmadhanif and Other V/s State of Gujarat and others', whereby, the Coordinate Bench of this Court after elaborately discussing the submissions made by learned counsels appearing for the parties, allowed the petition except Special Civil Application No. 7585 of 2020 and issued certain directions.
4.3 Learned Advocate, Mr. Soni, submitted that the aforesaid decision was carried in appeal by the State by way of Letters Patent Appeal No. 129 of 2024 and allied matters vide decision dated 15.07.2024 in case of 'State of Gujarat and others Vs. Maheshbhai Sureshbhai Parmar and others' and the Division Bench of this Court dismissed the Letters Patent Appeal preferred by the State of Government.
Page 8 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined 4.4 Learned Advocate, Mr. Soni, drew attention of the Court to the observations made by the Division Bench of this Court in case of 'State of Gujarat and others V/s. Maheshbhai Sureshbhai Parmar' and more particularly, observations made in paragraphs no. 22, 23 and 24 and submitted that in identical set of facts by making observations in above referred paragraphs, the Letters Patent Appeals preferred by the State Government were dismissed by the Division Bench of this Court.
4.5 It was also contended on the basis of above judgment of the Division Bench of this Court by learned Advocate, Mr. Soni, that the Division Bench of this Court has held that once at the time of clearing the CCC examination, for the first time, when each of the petitioners have cleared the same from recognized institution, there is no necessity for them to clear it once again just to get the promotion as they had already acquired the aforesaid skills while clearing the examination on the first occasion and therefore, the petitioners would not lose their seniority and they are required to be placed in the seniority list as per their original position and in case of promotion, their original seniority is required to be governed by the State Government and therefore, this Court may give suitable direction to ensure that in case if during the pendency of petition, any juniors to the petitioners are promoted, the State may set right the same by placing the petitioners at the correct position in their seniority list and to promote the petitioners.
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5. Learned AGP, Mr. Davda, appearing for the respondent - State vehemently opposed the petitions, however, could not dispute that the facts of these petitions are different from the facts of a group of petitions against which Letters Patent Appeal preferred by the State are different and therefore, despite making the best efforts, learned AGP, Mr. Davda, could not distinguish the judgment relied upon by learned Advocate, Mr. Soni, either on facts or on law point which has lead this Court to a conclusion that the facts of the present petition is covered by the Division Bench in case of State of 'Gujarat and others V/s. Maheshbhai Sureshbhai Parmar' (Supra).
6. I have heard learned advocates for the respective parties and perused the record. The chart submitted by learned advocate, Mr. Soni, in respect of each of the petitioners also could not be disputed by learned AGP, Mr. Davda, as I have stated in the foregoing paragraphs that learned AGP could not dispute the facts or the law point and therefore, in similar situation, the observations made by the Division Bench of this Court becomes relevant to determine the issue on hand. The Division Bench of this Court while deciding the Letters Patent Appeal No. 129 of 2024 in case of State of 'Gujarat and others V/s. Maheshbhai Sureshbhai Parmar' in paragraphs no. 22, 23 and 24 observed as under:-
"22. When this Court called upon the learned Assistant Government Pleader to explain as to whether the CCC Certificate / course, which the respondent had cleared Page 10 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined subsequently on the second occasion, was specialized course or the same was different than the first CCC Certificate/course, however, nothing is pointed out to us, which would suggests that CCC Certificate which, the respondents were already possessing, was not in any manner different or lower in standard than the CCC Certificate, which they had obtained subsequently in the year 2018 and 2019. In any case, the appellants could not have treated the respondents as fresh appointees on the date of passing the CCC Certificates as they were never informed that their earlier Certificates were invalid or not up to the standards required by the State Government. On the contrary, when the appellants informed the respondents to clear the examination, they have immediately again cleared the same and obtained the CCC Certificates. It is pertinent to note that the clauses of the Resolution dated 04.06.2009 as well as the Resolution dated 23.10.2005 were never invoked and they were never terminated from the services, since the respondents were already possessing the CCC Certificates before they were regularized in services.
23. We have examined the judgement and order passed by the learned Single Judge, which is very comprehensive in nature. The learned Single Judge has considered all the Resolutions and Circulars governing the CCC examination as well as Rule 9(a) of the Recruitment General Rules,1967. At this stage, we clarify that Five years' period, on which the Page 11 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined respondents were appointed on contractual basis, is required to be considered as probation period. It appears that the respondents were appointed on fixed pay in view of the Resolution dated 16.02.2006, by which the Finance Department introduced a scheme of appointment of employees of Class-III and Class-IV posts in all cadres. The Division Bench of this Court in the judgement dated 06.09.2018 passed in Letters Patent Appeal No.392 of 2016 in the case of State of Gujarat vs. Hiteshkumar Bharatbhai Vaghela, after considering the scheme of resolution dated 16.02.2006 and 04.06.2009, has held that the period of five years rendered by an employee on fixed pay has to be considered as probation period. The observations are as under:
"14 As regards the contention raised by the learned AGP that the Resolution dated 04.05.2007 would not apply in the case of the respondent since the appellant cannot be said to be on probation period as envisaged in the said resolution as he was appointed on five years contractual basis does not merit acceptance for the following reasons:-
a) It is not denied that the respondent has been appointed on both the posts through the recruitment process prescribed under the resolution dated 04.06.2009. Vide Government Resolution dated Page 12 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined 16.02.2006 issued by the Finance Department, the State Government had introduced a Scheme of appointment of the employees of Class-III and Class-IV posts in all cadres. The preamble of the Government Resolution specifies that all the appointments in Class-III and Class-IV in all cadres shall be made for five years on fixed pay on probation. Condition nos.20 and 22 mention the service as on probation. Condition no.22 specifically stipulates that after an employee who completes period of five years on fixed pay, and he is placed in regular pay scale then he shall not be placed on probation.
b) The aforesaid resolution was further modified by the Resolution dated 04.06.2009 in which it is provided that the government servants, who are appointed on Class-III and Class-IV posts on contractual basis in their case the provision for probation as envisaged under Rule 10-A of the Gujarat Civil Services (Classification and Recruitment) Rules, 1967, which prescribes one year probation period would not apply and they shall not be placed on probation further after they undergo five years service. Condition no.5 of the said G.R prescribes that all the departmental examination, pre-service training which are to be undertaken during the probation are to be passed during the contractual period.Page 13 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025
NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined
c) The Government Resolution dated 04.05.2007 does not imply that only those government servants/officers who are confirmed on a post can get the benefit of reverting to their original post during the probation period of recently selected subsequent post. After the introduction of policy of contractual appointment in the year 2006, every Class-III and Class-IV employee of all the cadres in the State have to undergo five years fixed period, and on completion of the same they are placed in the regular pay scale. Thus, an employee who has been confirmed after successfully completing his probation period and is placed in a regular pay scale will never take the risk of applying for a rigors of five of five years fresh post and undergo in a fixed pay. Thus, the contention of the learned AGP that a confirmed government servant/officer can only get the benefit of G.R. dated 04.05.2007 defies the logic and hence, cannot be accepted.
24. Rule 9(A) of the Gujarat Civil Services Classification Recruitment (General) Rules, 1967 was introduced by the amendment dated 04.06.2009 i.e. after the appointments of the respondents, except Mukeshbhai Tidabhai Dhabi(Respondent of LPA No.132 of 2004). As per the provisions of Rule 9(A)(iii), the candidates, who were appointed on contractual basis have to pass the CCC Page 14 of 16 Uploaded by UMESH H. CHAVDA(HC00203) on Mon May 05 2025 Downloaded on : Tue May 06 00:16:35 IST 2025 NEUTRAL CITATION C/SCA/24235/2022 JUDGMENT DATED: 01/05/2025 undefined examination for computer knowledge during the contractual period or within a period of 2 years thereafter. Thus, when the respondents have entered in their services, they were either possessing the CCC Certificate or they have cleared the same during their contractual period. They have also subsequently again cleared the CCC examination in the year 2018 and 2019."
7. Learned AGP, Mr. Davda, also read out the contents of the affidavit-in-reply and tried to justify the stand of the State Government. However, the Court finds that as the facts are undisputed and are identical to that of Letters Patent Appeal, which is decided against the State Government, the contentions of learned AGP are not incorporated elaborately.
8. Considering the facts that on facts as well as on the law point, the aforesaid observations are squarely applicable to the facts of the present case as well and therefore, each of the present petitions are required to be allowed.
9. In the result, all these petitions are allowed and the respondent - authorities are directed to place each of the petitioners to their original seniority position prevailing prior to their appearance in the subsequent CCC examination and to consider their case for promotion and for other benefits by repositioning them correctly in the seniority list, if they are otherwise satisfying all other criteria, which are required for promoting them.
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Direct service is permitted.
Sd./-
(NIRZAR S. DESAI,J) UMESH/-
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