Gujarat high court has upheld the state government's policy of granting promotion on basis of merit and efficiency of employees and not only on basis of seniority.
The case pertains to a change in government policy in revenue department, where the state government was trying to build a feeder cadre of talati to be promoted in the cadre of deputy mamlatdar. The decision was taken in 2008-09, and the government came up with a circular in March this year.
This decision to club cadre of clerks and talatis was opposed by clerks in revenue department who were recruited five years ago in collectors' offices. Till date, these clerk-cum-English-typists used to be promoted to the post of deputy mamlatdar. The decision to give promotion to talatis along with clerks brought the latter to the high court.
They opposed the policy and argued that they were recruited in 2012-13, whereas the batch of talatis was recruited before them. Hence the clerks would lose their chance in promotion to the talatis.
The case pertains to a change in government policy in revenue department, where the state government was trying to build a feeder cadre of talati to be promoted in the cadre of deputy mamlatdar. The decision was taken in 2008-09, and the government came up with a circular in March this year.
This decision to club cadre of clerks and talatis was opposed by clerks in revenue department who were recruited five years ago in collectors' offices. Till date, these clerk-cum-English-typists used to be promoted to the post of deputy mamlatdar. The decision to give promotion to talatis along with clerks brought the latter to the high court.
They opposed the policy and argued that they were recruited in 2012-13, whereas the batch of talatis was recruited before them. Hence the clerks would lose their chance in promotion to the talatis.
The clerks argued that talatis are trained for field work and their job profile is different, whereas clerks are trained for office work and maintenance of revenue documents more suited for the job of deputy mamlatdar.
The government on the other hand defended its decision arguing that the criteria for promotion according to the Recruitment Rules of 2010 includes merit and efficiency and not only seniority.
The court noted that looking at the nature of work performed by revenue talatis, the government has thought it fit to change recruitment rules to place them in feeder cadre for promotion to deputy mamlatdar class.
Besides, the HC also cited a Supreme Court order saying that a government employee does not have a right to claim that service rules should not change forever. He has no right to challenge the authority of the state to amend, alter or bring into force new rules.
The government on the other hand defended its decision arguing that the criteria for promotion according to the Recruitment Rules of 2010 includes merit and efficiency and not only seniority.
The court noted that looking at the nature of work performed by revenue talatis, the government has thought it fit to change recruitment rules to place them in feeder cadre for promotion to deputy mamlatdar class.
Besides, the HC also cited a Supreme Court order saying that a government employee does not have a right to claim that service rules should not change forever. He has no right to challenge the authority of the state to amend, alter or bring into force new rules.
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