Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Special Civil Application No.6708 of 1997
D.D. 22.03.2007
Hon’ble Mr. Justice M.R.Shah
Bhupendrakumar M.Kadia ... Petitioner
Vs.
State of Gujarat & Ors. ... Respondents
Promotion:
The petitioner along with respondent No.4 and other employees was considered by State
Government and Gujarath P.S.C. for promotion in Class-II service in 1995 – As the proposal regarding
petitioner was incomplete as his complete Confidential Report was not submitted to the Commission,
respondent No.4 who was immediate junior of the petitioner and other officials were promoted as per
notification dated 29.8.1996 – Again the petitioner was considered for promotion after obtaining the
required documents like confidential reports etc., and as per letter dated 17.3.1997 the State Government
requested the G.P.S.C. to consider the case of the petitioner for promotion on the basis of material
available – Accordingly G.P.S.C. considered the same but not retrospectively from the date when the
petitioner’s junior 4 th respondent was promoted – Therefore, High Court allowed the Special Civil
Application and directed the G.P.S.C. to consider the case of the petitioner for the purpose of fixing
deemed date of promotion which should be the date on which his immediate junior i.e. respondent
No.4 was promoted with consequential benefits.
Held:
Promotion cannot be denied for non availability of Confidential Reports for which the petitioner
was not responsible.
ORDER
In this petition under Article 226 of the Constitution of India the petitioner has prayed for an
appropriate writ, direction or order quashing and setting aside the action of the respondent authorities
in not granting promotion to the petitioner in Class-III service in Cooperative Department. The petitioner
has further prayed for a declaration that he is entitled to promotion in Class-II service in Cooperative
Department with retrospective effect from the date of promotion of respondent No.4, his immediate
junior to Class-II service.
2. It appears from the record that during the pendency of the present Special Civil Application
the petitioner was promoted to the post in Class-II service in Cooperative Department and therefore
the only question which is required to be considered by this Court is with regard to deemed date of
promotion of petitioner to Class-II service.
Gujarat PSC