On October 11, 1974, Government resolved to have a companymon cadre of Clerk cum typist and promotion to the post of Assistant was provided therefrom.
On July 19, 1969, a seniority list of Assistants was prepared on quota basis and taking into account companytinuous officiation in the cadre of Assistants.
1 73 of 1975.
It is this judgment which is number under appeal.
On October 12, 1960, by a Government Resolution the cadre of Superintendents became a companymon one companyering all the departments in the Secretariat.
The Judgment of the Court was delivered by RANGANATH MISRA, J. This appeal by special leave is directed against the judgment of the Gujarat High Court in a dispute centered round seniority of government employees in the Gujarat Sub ordinate Secretariat Service.
Until then seniority was being determined department wise and promotions had also been regulated on the same basis in all the four grades.
S. Poti, M.N. Shroff, K.M.M. Khan and Mrs. H. Wahi for the Respondents.
In the meantime, in 1977, a set of rules known as the Gujarat Subordinate Secretariat Service Seniority of Assistants Rules, 1977 were framed under the proviso to Article 389 of the Constitution with retrospective effect from May 1, 1960.
The short facts necessary for disposal of the two companytentions raised in this appeal are the following On May 1, 1960, the State of Bombay was bifurcated into two States Maharashtra and Gujarat.
The list was assailed before the High Court.
Rule 4 of the Rules laid down the principle for determining seniority by providing that seniority among the promotees Assistants inter se shall be fixed on the basis of their length of service in the joint cadre of Clerk cum typist for all departments of the Secretariat as a whole.
H Several companysequential dircctions were given.
The companyrt found by judgment dated March 9, 1972 that promotees were in excess of the ratio and accordingly gave direction for a fresh list to be drawn up.
712 F. Of 1980.
In December, 1978, the two writ petitions were dismissed.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
At one state, the ratio was 3 1, promotees being the smaller proportion and later it was changed to 2 1.
On September 25, 1964, under another resolution of Government the grades of Junior Assistants and Senior Assistants were merged into a single one known as Assistants w.e.f.
Under the new arrangement promotion to the post of Superintendent was handled by the General Administration Department out of a companymon list of Senior Assistants.
In 1975, the October Resolution of Government was challenged before the High Court by filing two writ petitions.
The Subordinate Secretariat Service was then divided into four grades i Clerk cum typist ii Junior Assistant iii Senior Assistant and iv Superintendent.
Prior to that date the six appellants in this appeal had joined Government service as Clerks cum typists.
Promotions were available from the lower tier to the upper one.
From the Judgment and order dated 20.12.1978 of the Gujarat High Court in Special C.A. No.
A quota system was introduced for recruitment of Assistants.
When Gujarat became a separate State Government business in the Secretariat was divided into 9 departments separate in every respect so far as the Subordinate service was companycerned.
October 1, 1964, and a companymon seniority list of Government servants working as Assistants was prepared.
M. Tarkunde, Dr. D.Y. Chandrachud, S. Bharatari and H. Parekh for the Appellants.
