VAIDYA, J. ( 1 ) "whether any post in the hierarchy of the State administration can ever be said to be equivalent merely because the concerned authority deems it proper to describe it to be at par with regard to the pay scale, cadre and inter-se transfer ?" This indeed is a short question which has cropped up for determination in this writ petition in the context of following facts. ( 2 ) FACTS : Petitioner Dr. Nitin S. Vora who was already serving as a medical Officer in E. S. I. S. Hospital at Ahmedabad, in response to an advertisement given by Gujarat Public Service Commission in Gujarati daily sandesh dated 15-10-1988, applied for the post of Deputy Director, Medical services, E. S. I. S. , Ahmedabad [for short Dy. Director]. In pursuant to the said application, petitioner was called for interview by G. P. S. C. , and thereafter, by communication dated 21-8-1990 [annexure A] he was informed that he was found to be fit for the post of Dy. Director, and his name has been placed at Sr. No. 1 in the select List, and accordingly, was recommended to the State Government for appropriate orders of his appointment. Thereafter, by an order dated 25-9-1990 [annexure b], the State Government transferred mr. M. B. Trivedi - respondent No. 3 herein, working as Superintendent class-1, E. S. I. S. , General Hospital, Bapunagar as a Deputy Director at ahmedabad and on his place, petitioner was appointed as Superintendent class-1. Not only that but by virtue of Clause-3 of the said Order, petitioner was further directed to resume the said charge from the date of orders failing which his appointment shall be deemed to have been cancelled. Under the circumstances, the grievance voiced by the petitioner is to the effect that though he was a direct recruitee for the post of Deputy Director [class-1] in the office of E. S. I. S. at Ahmedabad and that his selection was also made directly for the said post only by Gujarat Public Service commission, yet by an Order dated 25-9-1990 he has been wronged by giving posting of Superintendent Class-1 at Bapunagar by arbitrarily and illegally denying his rightful appointment as Dy. Director at Ahmedabad. It is under these circumstances that the petitioner has been constrained to move this Court under Arts. Director at Ahmedabad. It is under these circumstances that the petitioner has been constrained to move this Court under Arts. 14, 16 and 226 of the Constitution of India challenging the impugned Resolution dated 25-9-1990 of the respondents inter alia praying for [i] quashing and setting aside the said order to the extent of his posting as Superintendent Class-1, Bapunagar General Hospital; and [ii] for directions to be given to the respondents to give him posting as Deputy Director, e. S. I. S. at Ahmedabad w. e. f. 25-9-1990. ( 3 ) MR. Nanavati, the learned Advocate for the petitioner while vehemently challenging the impugned action/order of the respondents pursuant to the resolution dated 25-9-1990 contended that the same on face of it was patently perverse and illegal on two counts, namely - [i] that though the petitioner was specially selected by G. P. S. C. directly for the post of deputy Director only, yet circumventing the said selection, he has been given post sub-ordinate to the post of Deputy Director and [ii] that dr. M. B. Trivedi who was simply working as Superintendent Class-1 though was not legally entitled to be appointed to the post of Deputy director, and yet by over-stepping the right of petitioner, he came to be posted as Deputy Director, Ahmedabad. Mr. Nanavati further submitted that it is indeed too difficult to understand this pick and choose policy of the respondent-Authorities by giving totally discriminatory treatment to the petitioner who was otherwise legally entitled to be posted as Deputy director, E. S. I. S, at Ahmedabad. Mr. Nanavati en the basis of aforesaid submissions finally waged that the impugned order dated 25-9-1990 to the extent of posting petitioner to the post of Superintendent Class-1 at bapunagar General Hospital being ex-fade arbitrary, unjust and illegal, the same deserves to be quashed and set aside, and that the respondents be accordingly directed to at once give him posting at Ahmedabad as Dy. Director. ( 4 ) COUNTERING the above contentions raised on behalf of the petitioner mrs. Shaikh, the learned A. G. P. for respondents Nos. 1 and 2 submitted that there was no question of any pick and choose policy to be adopted between the petitioner and the respondent No. 3 herein as whatever has been done in the matter has been done strictly as per the rules. Shaikh, the learned A. G. P. for respondents Nos. 1 and 2 submitted that there was no question of any pick and choose policy to be adopted between the petitioner and the respondent No. 3 herein as whatever has been done in the matter has been done strictly as per the rules. The learned a. G. P. further submitted that {he post of Superintendent Class-1 was equivalent in all respects with the post of Deputy Director. In support of her submission, the learned A. G. P. has relied upon affidavit-in-reply filed by Mr. J. M. Christian, Under Secretary, Health and Family Welfare department and on the basis of the same submitted that the post in question of the Deputy Director and that of Superintendent Class-1, Bapunagar general Hospital, Ahmedabad is not only equivalent in pay-scale and cadre but the same is also inter-se transferable. In support of this, the learned a. G. P. has further drawn attention of this Court to the Resolution dated 5-10-1981 [annexurc i] which shows that the post of Superintendent Class- 1 Bapunagar General Hospital is equivalent to the post of Deputy Director. On the basis of the said Resolution dated 5-10-1981, the learned A. G. P. further submitted that unnecessary hue and cry has been made by the petitioner against the impugned action as it was open to the respondent authorities to give posting to the petitioner as Superintendent Class-1, bapunagar Genecral Hospital. Not only that but the advertisement dated 15- 10-1988 given by the G. P. S. C. is also clear on the point stating that selected candidate has to work as Superintendent Class-1 in General Hospital at Bapunagar. When such is the factual and legal position, the cry of injustice raised by the petitioner having no substance, deserves to be ignored and the petition be dismissed accordingly. ( 5 ) MR. Desai, the learned Advocate for the respondent No. 3 in his turn, without adding anything further, has adopted the above submissions made by the learned A. G. P. before this Court. ( 5 ) MR. Desai, the learned Advocate for the respondent No. 3 in his turn, without adding anything further, has adopted the above submissions made by the learned A. G. P. before this Court. ( 6 ) HAVING heard the learned Advocates for the respective parties at length, it is indeed quite clear that the illusion of the post of Deputy director as a one equivalent to the post of Superintendent Class-1 no longer can hold back this Court once the same is examined and appreciated in the light of the test of seniority and promotional avenues. Merely because the said two positions, namely, that of the Deputy Director on the one hand and that of Superintendent Class-1 on the other, are shown to be having equal pay, cadre and also inter-se transferable that by itself cannot be said to be sufficient in the facts and circumstances of the present case to hold that the said corresponding posts are equivalent. The question of equivalence of the posts can best be decided and replied by finding out as to what would be the promotional avenues meaning thereby as and when the question of promotion arises in future, whether the petitioner would be entitled to be considered for promotion to the post of Director, medical Services, E. S. I. S. or he shall have to wait for some experience to be gained as Deputy Director before he could be considered for promotion to the said post. Of course it is quite true that the respondents in their affidavit-in-reply have stated that both the positions are equivalent, and therefore, as and when the occasion would arise, the petitioner would be entitled to be considered for promotion. It is also true that in an advertisement of G. P. S. C. it has been stated that person appointed has to work as Superintendent Class-T, Bapunagar General Hospital. But these bald assertions and assurances given by the respondents in the affidavit-in-reply that person can be given appointment as Dy. Director is indeed of no consequence for the simple reason that whenever person is to be considered for promotion to the post of Director, Medical Services. But these bald assertions and assurances given by the respondents in the affidavit-in-reply that person can be given appointment as Dy. Director is indeed of no consequence for the simple reason that whenever person is to be considered for promotion to the post of Director, Medical Services. E. S. I. S. his promotion is governed by the relevant Rule 2 (a) of the Employees State recruitment Rules, 1983, wherein it has been specifically stated that "appointment to the post of Director, Medical Services E. S. I. S shall be made either by promotion of a person of the proved merits and efficiency from amongst the Deputy Directors, meaning thereby that a person who has work d and gained experience as Deputy Director. There is nothing on the record to show that the working experience of Superintendent Class-1 is the same as that of Deputy Director. If the same is not the one, then obviously the person who is directly recruited, for the post of Deputy Director to that extent would be denied the rightful promotion. In this view of the matter, the person who is asked to hold post of Superintendent Class-1 by no stretch of imagination can be said to have experience sufficient enough as that of Deputy Director to entitle him to lay claim for the post of Director at future date. When such is the statutory position, the bald assertions in the affidavit and/or statements made in the advertisement cannot be permitted to erase and repeal the said provisions, substituting the same as if they are amendment to the said Rules. In this view of the matter as against Rule 2 of the said Rules, the bald assertions based on personal views and opinion of the authorities cannot be permitted to over-ride the statutory rules which has potentiality of jeopardising the service career of the petitioner who came to be directly selected for the particular post by no less an authority then G. P. S. C. and yet was given posting as Superintendent Class-1. Under the circumstances, it appears to this Court that the assertions made in the affidavit-in-reply stating that both the posts are equivalent may indeed be a good tentative defence in this petition, however, when the same is tested on the basis of statutory rules, the same immediately loses its colour as it is very clear that the petitioner may be denied his right to be considered to the post of Director. Thus, at the point of time when the case of petitioner is to be considered for promotion to the post of Director, the assurances given in affidavit by the respondents may not render any assistance when the same runs counter to the express statutory rules. Thus, having regard to the inescapable factual and statutory provision, it is difficult to accept the contention of the learned A. G. P. that because both the positions according to her are equivalent, the petitioner can be posted to the post of superintendent Class-I. The matter does not and indeed cannot simply rest here as the real question is when the G. P. S. C. itself selected the petitioner on merits, especially for the post of Deputy Director, how indeed and under what circumstances the respondent No. 3 could have been given an easy jump over upon the rightful claim of the petitioner is indeed something quite baffling and difficult to understand. ( 7 ) IN view of the aforesaid discussions, it must be held that the impugned order dated 25-9-1990 (Annexure b) posting petitioner as superintendent Class-I at General Hospital, Bapunagar being arbitrary and illegal deserves to be quashed and set aside and that he is required to be appointed as Deputy Director w. e. f. 25-9-1990. ( 8 ) IN the result, this petition is allowed. The impugned action/order dated 25-9-1990 to the extent of posting the petitioner to the post of superintendent Class-I, Bapunagar General Hospital is hereby quashed and set aside. Petitioner is deemed to have been appointed as Deputy Director, e. S. I. S. , Ahmedabad on 25-9-1990. The respondents are directed to post the petitioner as Deputy Director, Medical Services, E. S. I. S. , Gujarat State, ahmedabad within one month from the receipt of this judgment. Rule made absolute with no order as to the costs. .