Past service should be acknowledged for promotion eligibility, yet current seniority dictates actual entitlement, emphasizing fairness and administrative integrity in promotions.

JUDGMENT :

NIKHIL S. KARIEL, J.

1. Heard learned Advocate Mr. P.J. Kanabar for the petitioner and learned AGP Mr. Aditya Pathak for the respondent-State.

2. The present writ petition is taken up for hearing in context of a Civil Application preferred by the present petitioner seeking interim direction. With consent of the parties, the petition is taken up for final disposal.

3. Issue Rule returnable forthwith. Learned AGP Mr. Pathak waives service for the respondents.

4. By way of this petition, the petitioner has sought for the following prayers :

“12.A) YOUR LORDSHIPS may be pleased to admit this Special Civil Application;

B) YOUR LORDSHIPS may further be pleased to issue a writ of mandamus or any other appropriate writ, Order or direction in the nature of mandamus directing the respondents to declare that the petitioner is required to be promoted w.e.f. 04/10/’19 on the post of Senor Clerk Class-III, under the respondents and Your Lordships may further be pleased to direct the respondents to promote the petitioner and may kindly be directed to be paid the difference in the salary etc. within the time frame in the facts and circumstances of the case and in the interest of justice;

C) Pending admission, hearing and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondents to treat the petitioner as Senior Clerk Class-III and may further be pleased to direct the respondents to pay the salary etc. of the said post to meet with the ends of justice;

D) Such other(s) and further relief(s) which this Hon’ble Court may deem fit to be granted in the interest of justice.”

5. It is the case of the petitioner that the petitioner had appeared in a selection process conducted by the Gujarat Subordinate Services Section Board, Gandhinagar, for the post of Clerk in the Road and Building Department of the State and whereas vide communication dated 14.06.2013, the petitioner was declared successful and whereas vide an order dated 17.07.2013, the petitioner had been posted in the Office of Executive Engineer, Road and Building Department, Navsari.

6. It appears that the original appointment of the petitioner was on fixed pay for a period of five years and whereas the petitioner upon completion of five years, had been regularized on the post in question vide an order dated 17.07.2018 in the pay scale of Rs. 5200-20200. It appears that the petitioner had been transferred from Navsari to Surat vide an order dated 19.04.2018.

7. It appears that the Road and Building Department in the State of Gujarat is divided in three zones namely, Ahmedabad Zone, Vadodara Zone and Surat Zone. The petitioner being in the Vadodara Zone, after her marriage had sought to be transferred at her own request to the Ahmedabad Zone and whereas vide an order dated 01.02.2019, the State through the Road and Building Department, Vadodara Zone, had accepted the request of the petitioner for being transferred to Ahmedabad Zone. The order inter alia stated that the petitioner would be required to forgo her seniority and would not be entitled to any benefit basis on the seniority of the petitioner at the Vadodara Zone. It is further observed that the petitioner would be placed as junior most in the cadre of Junior Clerk in the Ahmedabad Zone.

8. It appears that after joining at the Ahmedabad Zone, the respondents had initially issued a seniority list on 31.08.2019, where the name of the petitioner had not reflected, more particularly on account of the seniority list being with regard to the seniority position in the cadre of Junior Clerk as on 01.01.2017.

8.1 It appears that the respondents had issued a fresh seniority list on 02.03.2022 reflecting the seniority position as on 01.01.2022 in the cadre of Junior Clerk in the Ahmedabad Zone and whereas name of the petitioner figured at Serial No.171. It appears that vide an order dated 04.10.2019, the respondents had issued promotion orders for employees working in the cadre of Junior Clerk to the post of