G.A.Patel. Vs. The State of Gujrat & Anr.
EmailAppeal: Special Leave Petition(C) No. 8206 of 1987.
Petitioner: G.A.Patel.
Respondent: The State of Gujrat & Anr.
Apeal: Special Leave Petition(C) No. 8206 of 1987.
Judges: E.S.VENKATARAMIAH & K.N.SINGH,JJ.
Date of Judgment: Nov 16, 1987
Head Note:
CIVIL SERVICE
Promotion – Whether the petitioner is entitled to promotion to Class II cadre as a regular promotee? – State Govt. to consider the question within four weeks.
JUDGEMENT:
O R D E R
1. We have heard learned counsel for the parties and have gone through the orders passed by the learned single judge and the Division Bench of the High Court of Gujrat. We do not find any ground to interfere with them except to the extent indicated hereafter. We notice that in the judgment of the Division Bench of the High Court the following observations are made :-
“As far as the appellant is concerned, he has left class III service by directly getting selected to class II by examination. If he has any grievance in regard to promotion to class II as a regular promotee and if he wants to get seniority over the persons who have already been promoted he has to independently seek relief by a separate petition after making out a case that he is eligible for such promotion.”
2. We are of the view that it is unnecessary for the petitioner to file any fresh petition for seeking further relief as stated in the above directions. We now issue a direction to the State Govt. to consider the question whether the petitioner is entitled to promotion to class II cadre as a regular promotee within 4 weeks from today, if the State Govt. has not already considered the case of the petitioner in that regard.
3. If the State Govt. has passed any order already on the above question it shall be communicated to the petitioner within two weeks. If the petitioner is aggrieved by the order which the State Govt. has already passed or which it may pass hereafter he is at liberty to question it before the High Court.
1. We have heard learned counsel for the parties and have gone through the orders passed by the learned single judge and the Division Bench of the High Court of Gujrat. We do not find any ground to interfere with them except to the extent indicated hereafter. We notice that in the judgment of the Division Bench of the High Court the following observations are made :-
“As far as the appellant is concerned, he has left class III service by directly getting selected to class II by examination. If he has any grievance in regard to promotion to class II as a regular promotee and if he wants to get seniority over the persons who have already been promoted he has to independently seek relief by a separate petition after making out a case that he is eligible for such promotion.”
2. We are of the view that it is unnecessary for the petitioner to file any fresh petition for seeking further relief as stated in the above directions. We now issue a direction to the State Govt. to consider the question whether the petitioner is entitled to promotion to class II cadre as a regular promotee within 4 weeks from today, if the State Govt. has not already considered the case of the petitioner in that regard.
3. If the State Govt. has passed any order already on the above question it shall be communicated to the petitioner within two weeks. If the petitioner is aggrieved by the order which the State Govt. has already passed or which it may pass hereafter he is at liberty to question it before the High Court.
