The appellants who were the respondents in the writ petition had passed the G.D.C. A. examination and therefore been promoted earlier than the respondents who were the petitioners and had therefore been impleaded as parties to the writ petition.
Appeal by special leave from the judgment and order dated the 24th June, 1969 of the Gujarat High Court in Special Civil Application No.
231 of 1968 M. Tarkunde, V. N. Ganpule and P. C. Kapur, for the appellant.
T. Desai, Rajen Yash Paul and R. B. Datar, for respondents 1, 3, 4 6 8.
There is a certain amount of companyfusion in the records regarding this.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Shroff, for respondent 9.
1856 of 1970.
One of them was an orders of May 10, 1962 which provided that persons already promoted would have to pass the examination of G.D.C. A. within a period of three years and if they did number their increment would be stopped and if they have reached the maximum of the scale their pay would be reduced to the next lower stage, until they passed the examination.
V. Goswami, for respondents 11 54.
The appellants as well as the respondents hereinafter called petitioners were originally servants of the State of Bombay and were allotted to the State of Gujarat on its formation on 1st May, 1960.
As against the rule above referred to there is an order dated 23 1 1968 ordering recovery.
T. Desai, P. H. Parekh and Manju Jaitley, for respondent 7 Intervener K. C. Swami Ors.
The petitioners alleged that they had passed all the prescribed departmental examinations as required by the rules of the State of Bombay and challenged the validity of certain orders of the Government of Gujarat.
As regards the companyplaint about the petitioners number being allowed to get future increments till they passed the examination and reduction by one stage of persons who had reached the maximum in their grade and the recovery of the amounts which they had already drawn, they are numberlonger the subject matter of any grievance because the State of Gujarat have removed those grievances by Note 1 to Regulation 13 4 iii found in the order of the Government of Gujarat dated September 14, 1967 at pages 17 to 22 of the paper book.
Another impugned order was dated June 18, 1965 which companytained rules made under the proviso to Article 309 of the Constitution of India and laid down the qualification of G.D.C. A. examination for promotion.
