ORDER :

1. Both these petitions are of identical nature and hence they are taken together, however, and for the purpose of passing the order the facts and prayers made in Special Civil Application No.429 of 2018 are considered.

2. In Special Civil Application No.429 of 2018, the petitioner has prayed for following order:

“a) Your Lordships may be pleased to issued writ in the nature of Mandamus, Writ of Certiorari, or any other writ or direction to the respondents amend the resolution dtd.13/12/2005 (Annexure- M) and, or give suitable directions to Govt. of Gujarat.

b) Your Lordships may be pleased to direct respondent No.1 to amend the resolution dtd.13/12/2005 (Annexure-M) and further write word “Urban” also.

c) Your Lordships may be pleased to direct Respondent No.4- Bhavnagar Municipal Corporation, through it’s Commissioner, Rajkot to implement the directions of Programme Officer, ICDS letter dtd.29/2/2016 (Annexure-N).

d) That further directions may be issued to the respondent No.1 that there should be no age bar as far as promotion of Anganvadi Worker is concerned.

e) To pass such other and further orders relating to the services of the petitioner as per the resolution / rules of the State Government.

f) Any other relief as deemed fit in the interest of justice in favour of the petitioner.”

3. Subsequently the petition was amended and following prayer was added.

“(g) Your Lordships may be pleased to direct and ordered respondent No.4 to promote the present petitioner as “Supervisor” with immediate effect with all monitory benefits and arrears of different in salary may be paid.”

4.1 It is the case of the petitioner that the petitioner is B.A. Pass and is serving since 05.08.1986 as Anganwadi Worker in a school run under Bhavnagar Municipal Corporation under ICDS Programe.

4.2 According to the petitioner from the post of Anganwadi Worker further promotion rise to the post of Mukhya Sevika known as Supervisor and the petitioner is denied the benefit on the said post on the ground of age as the grievance of the present petition was that as per Notification dated 13.12.2015, in every district, of total posts of Mukhya Sevika 50% of the vacant posts are required to be filled in by Anganwadi Workers who has served for minimum ten years and possess minimum qualification of S.S.C. by way of nomination and the nominations are required to be done by Panchayat Seva Selection Committee.

4.3 Since the present petitioner is working under Corporation and the nomination was to be made by District Development Officer, the grievance of the petitioner was that the Corporation did not treat the petitioner tobe their employee and District Development Office also did not treat the petitioner tobe employee under District Panchayat and, therefore, petitioner’s name was not nominated for the purpose of promotion. In the meantime, the upper-age for the purpose of promotion i.e. 48 years was crossed by the present petitioner and therefore on the ground of age also the petitioner’s claim for promotion could not be considered by the respondent authority.

5. At the outset, learned advocate Mr.Desai for the petitioner and Mr.Chauhan for the respondent Corporation submitted that the identical issue in respect of Rajkot Municipal Corporation had come before coordinate Bench of this Court and the same is held against the present petitioners vide order dated 07.07.2022 passed in Special Civil Application No.9589 of 2017 with Special Civil Application No.10496 of 2017 whereby the petitions preferred by identically situated petitioners have been dismissed by coordinate bench.

6. Learned advocate Mr.Pankaj Desai though vehemently submitted that the Notification dated 13.12.2005 is required to be amended. However considering the fact that coordinate Bench has considered this very aspect and upon considering the aspect has dismissed the petitions and as there is no dispute about the fact that issue under challenge by way of these petitions is identical to th