Gujarat High Court
Gujarat Public Service ... vs Chaudhary Riddhi Rohit on 10 November, 2023
Bench: Cheekati Manavendranath Roy
NEUTRAL CITATION
C/LPA/1017/2022 ORDER DATED: 10/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1017 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 6947 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 1017 of 2022
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GUJARAT PUBLIC SERVICE COMMISSION
Versus
CHAUDHARY RIDDHI ROHIT
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 2
CHINTAN K GANDHI(8600) for the Respondent(s) No. 1
MR BHAVESH J PATEL(6801) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 10/11/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
When the appeal was taken for consideration on previous
date that is 8.11.2023, the proceedings witnessed the following
order,
"This Letters Patent Appeal is directed against
common judgment and order dated 05.04.2022
of learned Single Judge in two Special Civil
Applications. Thereby learned Single Judge
allowed the petitions holding that the facts of
the case of the petitioners would attract the law
laid down by this Court in Tamannaben
Ashokbhai Desai v. Sheetal Amrutlal Nishar,
[(2021) 2 GLR 1696].
NEUTRAL CITATION
C/LPA/1017/2022 ORDER DATED: 10/11/2023
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2. Following relief was granted to the petitioner.
"8 Therefore, in view of the decision in the
case of Tammanaben (supra), it is declared
that the petitioners are entitled to be
appointed on the posts on which they had
applied for i.e. to the post the petitioners
are entitled to be appointed pursuant to the
advertisement dated 16.07.2018 in light of
the decision in the case of Tammanaben
(supra). It is now matter of fact that the
decision in the case of Tammanaben has
been accepted by the State by issuing a
Government Resolution dated 02.09.2020.
Appointments shall be made of the
petitioners in light of the decision of
Tammanaben (supra) within a period of ten
weeks from the date of receipt of copy of
this order.
The respondents shall also consider
granting consequential benefits notional to
the petitioners on the basis of a declaration
now made that they were wrongfully
deprived of their appointments. ......."
2.1 In the same paragraph, learned Single Judge
proceeded to observe and direct thus:-
".....At the same time, care needs to be
and 7 who have been working for the past
two years in service can be retained in light
of the decision in the case of Sankla
(supra), they may not be disturbed from
their appointments. ......."
3. The aforesaid order came to be stayed by the
coordinate Bench.
4. However, when the appeal came up for
consideration today, upon a query put to learned
Assistant Government Pleader Ms.Shruti Dhruve
about possibility of accommodating respondent
NEUTRAL CITATION
C/LPA/1017/2022 ORDER DATED: 10/11/2023
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Nos.6 and 7, who have been working on the post
since last three years, learned Assistant
Government Pleader fairly stated that posts are
available.
4.1 This statement was made by her on the basis
of communication dated 8.11.2023 received
from Deputy Secretary, Panchayat and Rural
Development Department. It is stated that in the
cadre of Taluka Development Officer, total
sanctioned posts are 392. Out of which,
presently filled up posts are 270, and 122 posts
are available.
5. The above facts suggest that there will be no
need to disturb respondent Nos.6 and 7 as
observed by learned Single Judge even while
granting relief to the petitioners.
Learned Assistant Government Pleader is
directed to file affidavit of competent authority
not below the rank of Deputy Secretary of the
department concerned by producing aforesaid
communication on record and stating about the
availability of vacancies. Stand over to
10.11.2023."
2. Today, learned Assistant Government Pleader Ms.Shruti
Dhruve has filed affidavit-in-reply affirmed by one H.K.Thakar,
Joint Secretary, General Administration Department, respondent
No.2 herein in which it is inter alia stated about the availability
of vacancies for the post of Taluka Development Officer - Class
II.
3. Annexing the letter dated 9.11.2023 which depicts the final
position of the vacancies for promotion as well as direct
recruitment. It is reflected that for direct recruitment, total
sanctioned posts are 130, filled up posts are 54 and the
vacancies available are 76. The similar details regarding the post
NEUTRAL CITATION
C/LPA/1017/2022 ORDER DATED: 10/11/2023
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to be filled up by the promotion is also given, with which the
court is not concerned.
3.1 The said affidavit-in-reply is taken on record.
3.2 In view of the vacancies position shown and it is further
shown that the vacancies are available, the directions of learned
single Judge in para 8 will operate,
"At the same time, care needs to be taken that if
the private respondent Nos.6 and 7 who have
been working for the past two years in service
can be retained in light of the decision in the
case of Sankla (supra), they may not be
disturbed from their appointments."
4. In view of the above position obtaining and even otherwise
on merits, the rest of the findings of learned single Judge are not
required to be touched. The respondent shall take into account
the factum of availability of vacancies, which is shown in the
affidavit as above, to act accordingly so as not to be disturb the
services of the original respondent Nos.6 and 7 (respondent
Nos.3 and 4 herein).
5. The Letters Patent Appeal is disposed of accordingly.
In view of dismissal of the appeal, the Civil Application will
not survive. It is accordingly disposed of.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
Manshi
