Rathod Sanjaykumar Raghubhai vs State Of Gujarat
2023 Latest Caselaw 269 Guj

     C/SCA/218/2023                               JUDGMENT DATED: 10/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


               R/SPECIAL CIVIL APPLICATION NO. 218 of 2023


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.Y. KOGJE                                     Sd/-

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1    Whether Reporters of Local Papers may be allowed                   NO
     to see the judgment ?

2    To be referred to the Reporter or not ?                            NO

3    Whether their Lordships wish to see the fair copy                  NO
     of the judgment ?

4    Whether this case involves a substantial question                  NO
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                      RATHOD SANJAYKUMAR RAGHUBHAI
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2,3
MR ADITYA PATHAK, AGP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                             Date : 10/01/2023

                             ORAL JUDGMENT

1. This petition under Article 226 of the Constitution of India is filed seeking direction to the respondent to promote/appoint the petitioners to the posts of Beat Guard (Forest Guard) in light of the resolution dated 21st September 1999.

C/SCA/218/2023 JUDGMENT DATED: 10/01/2023

2. Learned advocate for the petitioners has drawn attention of this Court to the pleadings and submitted that the petitioners have been working since long atleast more than 5 to 10 years and they have been given the benefits of the Government Resolution dated 15th September 2014.

3. It is submitted that the petitioners have been given the benefits so as to bring them at par with similarly situated employees in same level at other departments. It is also submitted that there is one another petition being Special Civil Application No.7939 of 2022 filed by one of the petitioners before this Court with regard to grant of revision of pay as per the 7 th Pay Commission, which is still pending. In the mean time, the petitioners have filed the present petition claiming promotion/appointment to the posts of Beat Guard (Forest Guard).

4. Learned advocate for the petitioners submitted that other employees of the respondent department who have also completed continuous service like the petitioners have been considered and being given the promotion/appointment to the posts of Beat Guard. Therefore, the case of the petitioners is also required to be considered as per the policy of the State Government.

5. Learned advocate submitted that time and again the petitioners have represented to the State authorities and have

C/SCA/218/2023 JUDGMENT DATED: 10/01/2023

claimed that they are eligible in all respects, but still the case of the petitioners is not being considered.

6. Having considered the submissions made by the learned advocate and considering the claim of the petitioners for promotion/appointment to the posts of Beat Guard (Forest Guard) in light of the resolution dated 21st September 1999, it would be pertinent to observe that the said resolution was with regard to the case of some 342 daily wagers who were eligible in all respects, but had the difficulty with regard to their age limit, and for that purpose, the resolution was passed which would for the purpose of appointing some 342 daily wagers to the posts of Beat Guard, who were otherwise eligible, as a special case by relaxing the age limit on condition mentioned in the Government Resolution.

7. In the opinion of the Court, the grant of relaxation with regard to the age limit was the purpose of the aforesaid Government Resolution and cannot be termed to be a resolution for the purpose of framing a policy of promotion/appointment to the daily wagers to the posts of Beat Guard (Forest Guard).

8. In any view of the matter, as the learned advocate has brought to the notice of this Court yet another representation at Annexure-F dated 28th November 2022, the Court disposes of this petition leaving it open to the petitioners to pursue such representation made by the petitioners.

C/SCA/218/2023 JUDGMENT DATED: 10/01/2023

9. With the aforesaid observations, the petition stands disposed of.

(A.Y. KOGJE, J.) /MOINUDDIN