Kajalben Kesarsinh Rathva vs State Of Gujarat
2022 Latest Caselaw 8086 Guj

    C/SCA/10685/2022                             JUDGMENT DATED: 16/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10685 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

==========================================================

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 ?

==========================================================
                       KAJALBEN KESARSINH RATHVA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR HEMANG M SHAH(5399) for the Petitioner(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3
==========================================================

    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/10685/2022 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 Rathva community, which is

covered under the Scheduled Tribes category. The Gujarat

Public Service Commission had issued an advertisement

No. 28/2019-20 for filling up 61 vacant posts of Horticulture

Officer, Gujarat Horticulture Service, Class-II.

4. The petitioner submitted her application for Horticulture

Officer, Gujarat Horticulture Service, Class-II and appeared

for the written examination. The petitioner was found

eligible to be appointed to the post of Horticulture Officer,

Gujarat Horticulture Service, Class-II. Her name figured at

serial no.58 on the select list prepared on 20.05.2021.

C/SCA/10685/2022 JUDGMENT DATED: 16/09/2022

5. No appointment order had been issued in the case of the

present petitioner and therefore the present petition has

been filed for the purpose of issuance of conditional

appointment order.

6. Mr. Shalin N. Mehta, Senior Advocate assisted by Mr.

Hemang Shah, learned Advocate, would submit that the

scrutiny for examining the petitioner's caste certificate is

pending now for more than two months and though the

petitioner has been selected for appointment to the post of

Horticulture Officer, Class-II, but for the exercise at the

hands of the Scrutiny Committee which is pending, no

appointment orders are being issued. He would rely on an

order passed by this Court in Special Civil Application

No.1858 of 2021.

7. It is submitted by Mr. Shalin N. Mehta, Senior Advocate

assisted by learned advocate Mr. Hemang Shah that the

petitioner should be entitled to claim her actual

appointment from the date of her juniors and also

C/SCA/10685/2022 JUDGMENT DATED: 16/09/2022

continuity of service and other benefits.

8. Mr. Kurven Desai, learned Assistant Government Pleader,

has submitted a copy of communication addressed to him

wherein it has been stated that the caste certificate of the

petitioner has been scrutinised and pursuant to which

appointment order would be issued.

9. 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. The appointing

authority shall issue the appointment order within 4 weeks

from the date of receipt of this order.

10. In so far as the request made on behalf of the petitioner,

that she should be entitled to claim her actual appointment

from the date of her juniors and also continuity of service

C/SCA/10685/2022 JUDGMENT DATED: 16/09/2022

and other benefits is concerned, the same deserves

consideration by the appointing authority. There was delay

caused in verifying the caste certificate and for which no

fault can be attributed to the petitioner.

11. Upon issuance of the appointment order and from the date

of joining, within one week thereof, the petitioner shall

make a representation to the appointing authority for

claiming her actual appointment from the date of her

juniors and also continuity of service and other benefits. It

is expected that the appointing authority shall consider the

same sympathetically within 2 months from the date of

receipt of such representation.

12. The petition is allowed to the aforesaid extent. Rule is

made absolute accordingly. Direct service is permitted.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA