Gujarat High Court
Kirankumar Gordhanbhai Rathwa vs State Of Gujarat, Finance ... on 16 September, 2022
Bench: Biren Vaishnav
C/SCA/8790/2022 JUDGMENT DATED: 16/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8790 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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KIRANKUMAR GORDHANBHAI RATHWA
Versus
STATE OF GUJARAT, FINANCE DEPARTMENT
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Appearance:
MR HEMANG M SHAH(5399) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 16/09/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Kurven Desai, learned
Assistant Government Pleader, waives service of rule on
C/SCA/8790/2022 JUDGMENT DATED: 16/09/2022
behalf of the respondent - State.
2. Heard Mr. Shalin N. Mehta, Senior Advocate assisted by Mr.
Hemang Shah, learned advocate for the petitioner and Mr.
Kurven Desai, learned Assistant Government Pleader for
the State respondents.
3. The petitioner belongs to Rathava community, which is
covered under the Scheduled Tribes category. The Gujarat
Public Service Commission had issued an advertisement
No.80 of 2018-19 for filling up vacancies of State Tax
Inspector, Class-III.
3.1. The petitioner submitted his application for and appeared for
the written examination. The petitioner was found eligible
and his name figured at serial No.366 on the select list
prepared on 08.09.2020 on the post of State Tax Inspector,
Class-III.
3.2. No appointment order had been issued in the case of the
C/SCA/8790/2022 JUDGMENT DATED: 16/09/2022
present petitioner and therefore the present petition has
been filed for the purpose of issuance of conditional
appointment order.
4. Mr. Shalin N. Mehta, Senior Advocate assisted by Mr.
Hemang Shah, learned Advocate, submit that the scrutiny
for examining the petitioner's caste certificate had been
undertaken and on 26.08.2022 and a certificate to that
effect was issued. Pursuant to such verification, appointment
order and posting order is issued.
5. It is submitted by Mr. Shalin N. Mehta, Senior Advocate
assisted by Mr. Hemang Shah that the appointment order
should be issued forthwith and that the petitioner should be
entitled to claim his actual appointment from the date of his
juniors and also continuity of service and other benefits.
6. Mr. Kurven Desai, learned Assistant Government Pleader,
submits that that the caste certificate has been verified and
the appointment order and posting order had been issued in
C/SCA/8790/2022 JUDGMENT DATED: 16/09/2022
favour of the petitioner. Mr. Kurven Desai, learned Assistant
Government Pleader has submitted that the request of the
petitioner to claim his actual appointment from the date of
his juniors and also continuity of service and other benefits
should not be acceded.
7. Considering the submission made by Mr. Shalin N. Mehta,
Senior Advocate assisted by Mr. Hemang Shah, learned
advocate for the petitioner and Mr. Kurven Desai, learned
Assistant Government Pleader for the State respondents, the
present writ petition is disposed as the caste certificate has
been verified by the respondent No.2 and pursuant thereto
the appointment order and posting order is issued.
8. In so far as the request made on behalf of the petitioner,
that he should be entitled to claim his actual appointment
from the date of his juniors and also continuity of service
and other benefits is concerned, the same is acceded to as
delay was caused on the part of the scrutiny committee in
verifying the caste certificate. The petitioner cannot be
C/SCA/8790/2022 JUDGMENT DATED: 16/09/2022
made to suffer for no fault on his part.
9. The petitioner shall make a representation to the
department for claiming his actual appointment from the
date of his juniors and also continuity of service and other
benefits. It is expected that the department shall consider
the same sympathetically within 2 (two) months from the
date of receipt of the representation of the petitioner.
10. The petition is allowed to the aforesaid extent. Rule is
made absolute accordingly. Direct service is permitted.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
