( 1 ) THE petitioner, a Telephone Operator, serving in the High Court of Gujarat, has by this petition under Article 226 of the Constitution of India, prayed for direction to the respondent authorities to treat him in the common cadre of Jr. Clerks from the date of his appointment and to give him seniority in the said cadre accordingly and to give him deemed date of promotion in the higher cadre and for other consequential benefits. Subsequently, by amending the petition, the petitioner has also prayed for direction to the respondent authorities to apply scheme as contained in Government Resolution dated 5th of July, 1991 and to give him higher scale with effect from the date he has completed nine years service in the pay scale of Rs. 950-1500 and for other consequential benefits flowing therefrom.

( 2 ) IN order to properly appreciate the claim of the petitioner for the aforesaid relief, relevant facts which give rise to this claim shall have to be stated. The said facts are as under : (i) It appears that vide Government Resolution, Legal Department No. TEL-1073/ 8231-D, dated 24th August, 1973, sanction was granted to the creation of one temporary post of Telephone