B.J. Patel and Others vs Gujarat State Civil Supplies Corporation Ltd. and Another

1.The present petition is filed by the petitioners claiming promotion to the post of Senior Assistant solely on the ground that Schedule-B of the

GSCSC (Gujarat State Civil Supplies Corporation Limited) Ltd. Recruitment & Promotion Rules, 1985 (""the Recruitment Rules"" for short), which

provides for different functional areas of GSCSC Limited, being seven in number, of which the first functional area is titled as ""Personnel and

General Administration Cadre"". The description of the posts included in this functional area is provided in clauses (a) to (o) of which Clause-(l)

consists of the following posts: ""Assistant / Telephone Operator / Receptionist / Asst. Depot Manager/Salesman/Typist"". The precise case of the

petitioners is that as the post of Salesman'' is included in this Clause-(l), they become entitled to get promotion to the post of Senior Assistant.

Surprisingly, this claim is put forward not only by overlooking the other relevant provisions of the Rules, but, in utter disregard of them.

The petition is defended by filing an affidavit-in-reply by the respondents. At the first sight, it is clear from the record that if the petitioners had

taken pains to study/examine the Recruitment Rules in toto, they would not have ventured to file the present petition because prima facie it is a

printer''s devil due to which the post - `salesman'' is mentioned in Clause (l) of the Personnel and General Administration Cadre. The fifth functional

area titled as ""Commercial Establishment Cadre"" consists of various posts and the post - `salesman'' is included at Clause-(c). It appeals to the

understanding and logic of a layman that when there is a specific cadre, namely, Commercial Establishment Cadre, the post of `salesman'' is bound

to be in that cadre. Taking into consideration that a person having personal interest may avoid to appreciate/accept this, but then, closer

examination of the Rules makes it clear that mentioning of the post-`salesman'' in Clause-(l) of Personnel and General Cadre was nothing but a

printer''s devil or printer''s mistake.

Rule-7 of the Recruitment Rules deals with the `seniority''. In Sub.Rule-(ii), it is provided that seniority lists of all the employees of the Corporation

shall be maintained for each cadre in different functional areas separately. Rule-9 of the Recruitment Rules deals with the `promotion''. In

Sub.Rule-(ii) of Rule-9, it is provided that the promotion channel will be within the functional areas as provided in Schedule B. Further, the post of

`Senior Assistant'' finds place at Serial No.14 in Schedule-A and there, it is provided that, `in case of recruitment by promotion'', promotion will be

from the grade of Assistant/Assistant Depot Manager/Typist/Telephone operator/Receptionist with at least 3 years experience in the grade. As

against that, in case of post of `Senior Salesman'', it is provided that, promotion will be from the post of Salesman with at least 3 years experience

in the grade. Had this other part of the Rules was taken into consideration by the petitioners, the petition would not have been filed and one

pendency on the file of this Court for long 15 years could have been avoided.

Mr.A.Y.Kogje, learned Counsel appearing for the petitioners, with all vehemence at his command, tried to contend that as the post of

`salesman'' is mentioned in Clause-(l) of the `Personnel and General Administration Cadre'' in Schedule-B, the petitioners are entitled to the

promotion to the post of `Senior Assistant'' and the reliefs prayed for in the present petition are required to be granted.

Mr.K.M.Patel, learned Counsel appearing for the respondents, submitted that it is nothing but a printer''s mistake due to which the post -

`salesman'' is mentioned in Clause (l) of the `Personnel and General Administration Cadre''. He submitted that the present petition is required to be

dismissed.

It is more than clear from the aforesaid discussion that the mention of the post `salesman'' in Clause-(l) of the `Personnel and General

Administration Cadre'' is a printer''s devil. The fifth functional area titled as ""Commercial Establishment Cadre"" also depicts the post salesman at

Clause-(c). When there is a specific cadre, namely, `Commercial Establishment Cadre'', the post of `salesman'' is rightly placed in that cadre. But,

for the fact that the petitioners had their personal interest at stake, they could not appreciate this. Even at the cost of repetition it is to be reiterated

that closer examination of the Rules makes it clear that inclusion of the post - salesman in Clause-(l) was nothing else than the printer''s mistake.

The petitioners have not raised any other, substantial ground for claiming the promotion.

For the aforesaid discussion, this Court is of the considered opinion that the present matter should not detain the Court any further than it has

already detained. This petition is dismissed. While dismissing the petition, with difficulty, the Court has restrained itself from awarding costs against

the petitioners for having filed such a frivolous petition. Rule is discharged.