- (1.)This appeal preferred under Clause 15 of the Letters Patent arises from the judgment and order dated 13th January, 2006 passed by the learned Single Judge in above Special Civil Application No. 3846 of 1999.
(2.)By order dated 21st February, 1985 made by the Government Pleader, Gujarat High Court, the respondent No. 1 Mr. M. F. Saiyed, the writ petitioner was appointed as a Clerk-cum-Typist on the terms and conditions mentioned in the order. The said conditions specifically provided that the writ petitioner would be required to undergo pre-service training and pass the post-training examination as provided under the Gujarat Non-Secretariat Clerks, Clerk-typists and Typists (Direct Recruitment Procedure) Rules, 1970. Pursuant to the said order, the petitioner joined the duty on 1st March, 1985. Since, his joining the duty, the petitioner did undergo pre-service training and passed the post-training examination in the month of April, 1991 at the fourth trial. On his passing the examination on 29th April, 1991, he was assigned seniority amongst the Clerks-cum-Typists as of 29th April, 1991. It is this placement in the seniority list which was subject-matter of dispute in the above writ petition.
(3.)According to the petitioner, he is entitled to seniority from the date of his appointment on the principle of continuous officiation. Several representations made by the petitioner, time and again, were rejected. The writ petitioner, was therefore, constrained to approach this Court under Art. 226 of the Constitution of India.