V.M. Pancholi, J.

1. By way of this petition, the petitioners have prayed for the following reliefs:

"25(a) declaring that the omission of the State Govt. to promote the petitioners to the post of Medical Officer Class II on completion of 5 years service as Medical Officer Class III is illegal and null and void.

(b) Directing the respondent to give a deemed date of promotion to the petitioners in the post of Medical Officer Class III and to grant to the petitioners all consequential benefits like arrears of salary, seniority etc. on that basis.

(c) xxxx

(d) xxxx"

2. The facts in nutshell are as under:

"2.1 The petitioners joined the services of the respondent-State as Medical Officer Class III pursuant to their selection by Gujarat Panchayat Services Selection Board. Petitioner Nos. 1 to 4 joined the services in the year 1978. The petitioner No. 5 joined the services in the year 1980. It is the case of the petitioner that at the time of recruitment, recruitment rules for the post of Medical Officer Class II namely Medical Officer, Gujarat Medical Services Class II Recruitment Rules, 1977 issued vide notification dated 27.12.1977 were in force. As per the said rules, the persons