JUDGMENT :

1. By way of the present petition, petitioners have challenged the exclusion of the name of the petitioner in “the State Level Provisional Seniority List dated 17/07/2014 prepared by the Revenue Department, State of Gujarat, as, though petitioner is senior to one Mr. Mayurbhai N. Thakkar and though the name of the petitioner was above the said person in the Central Selection List, his name was excluded in the seniority list and the name of Mr. Mayur N. Thakkar was included at Sr.No.6153, the same being unjust and causing great prejudice to the petitioner and also affects his promotional avenues. The petitioner has prayed to issue a writ of mandamus or any other appropriate writ, order and/or directions directing the respondent authorities to show the name of the petitioner above the name of the respondent No.3 – Mayur N. Thakkar who is junior to the petitioner and shown at Sr.No.1064 by giving effect of deemed date in the provisional seniority list dated 17/4/2017 of Deputy Mamlatdar.

2. The facts giving rise to the present petition are as under:

2.1. The petitioner was appointed as a Clerk by an appointment order dated 06/08/1984 issued by the District Collector, Gandhinagar. Initially, he was asked to report as Clerk in the office of the Deputy Conservator of Forests, Gandhinagar. Pursuant to the appointment order, the petitioner resumed his duty on 23/08/1984.

2.2. The District Collector, Gandhinagar, had published a seniority list dated 16/04/1990 for Gandhinagar District, considering the seniority as on 01.01.1990. The District Collector also invited objections from aggrieved person, if any, to be submitted within a period of 30 days thereof. In the said seniority list, name of the petitioner was shown at Sr.No.28 and the name of one Mayur N. Thakkar was shown at Sr.No.27, though he was junior to the petitioner. Mr. Mayur N. Thakkar was shown above the petitioner because, he reported to duty on 18/08/1984 whereas the petitioner had reported for duty on 23/08/1984. It is the case of the petitioner that otherwise, petitioner is senior to said Mr. Mayur N. Thakkar.

2.3. Thereafter, the petitioner made representation dated

18.03.1992 requesting the Deputy Collector to consider the original selection list and to implement the seniority list accordingly instead of considering the date of reporting while preparing the petitioner made representation with a view seniority list in the promotional post of Circle to avoid injustice Inspector which was likely to be considered in the year 1992.

2.4. The office of the District Collector, Gandhinagar issued a Circular dated 05/01/1998 whereby the seniority list for Gandhinagar District as on 01/01/1997 was prepared and objections, if any, were invited to the same. That as per the seniority list prepared as on 01/01/1997, the name of the petitioner appeared at Sr.No.13 and the name of said Mr. Mayur N. Thakkar was listed at Sr.No.14. Therefore, in the seniority list prepared as on 01/01/1997, the mistake was corrected and the petitioner was placed at above Mr. Mayur N. Thakkar as petitioner is senior to him.

2.5. Thereafter again the seniority list was prepared as on 1/01/1999 wherein through mistake the name of Mr. Mayur N. Thakkar was shown at Sr.No.29 and the name of the petitioner was shown at Sr.No.30.

2.6 The petitioner therefore made a representation dated 12/07/1999 to the office of the District Collector and lodged his objections. The petitioner had stated one instance from the same seniority list wherein one Mr. T.F. Zala who, though was junior to Mr. L.S. Desai and other four persons, was placed above four persona and therefore, on the basis of representation by those four persons and considering the that (hat four persons were seniors to Mr. T.F. Zala, they were placed above Mr. T.P, Zala and in the said case the date of reporting to duty was not considered, but, purely the seniority was considered. Therefore, petitioner, by representation dated 12/07/1999, sought parity and