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Manishkumar Rameshchandra Parekh – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Biren Vaishnav, J.
1. Rule returnable forthwith. Mr. Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent State.
2. With the consent of learned advocates for the respective parties, the petitions are taken up for final hearing.
3. By way of these petitions under Article 226 of the Constitution of India, the petitioners who were initially appointed as Revenue Talatis on fixed wage basis and got the benefit of inter district transfer post their period of regular service after five years, seek to challenge the resolutions dated 18.01.2017 and 20.01.2018.
4. The petitioners were appointed as Revenue Talatis in the year 2010 on a fixed pay for a period of five years. For the purpose of considering the issue, chronology of dates of service of petitioner no. 1 are considered. He was appointed on 03.04.2010 for a period of five years. On completion of five years of service, the petitioner was regularized in service vide an order dated 11.04.2016. A request of transfer was made on he being regularized and by an order dated 16.06.2016, the petitioner was transferred from Valsad to range Deesa. The order of transfer would indicate that on his transfer, t
The main legal point established in the judgment is that the seniority of employees appointed on a fixed wage basis should be counted from the date of their initial appointment post the period of fiv....
The seniority of employees should not be affected by resolutions resulting in loss of seniority, and compliance with specific rules regarding examinations should be considered based on the circumstan....
Employees on fixed pay are entitled to have their seniority counted from their initial appointment date, despite transfer conditions relinquishing seniority.
Eligibility for promotion and higher grade scales must include all prior service, irrespective of department transfers, highlighting the unconstitutionality of arbitrary restrictions on seniority and....
The main legal point established in the judgment is that the withdrawal of benefits without a hearing and the refusal to grant the petitioner the entitled higher pay scale was unjust and improper.
Employees who voluntarily accept transfer conditions forfeiting seniority cannot later claim it, as their seniority is maintained division-wise under applicable service rules.
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