SAURASHTRA Vs. VINOD CHANDRA SHAH

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. Considering the facts and circumstances of the case and after taking note of the submissions made by the learned counsel for the respondent that the respondent is prepared to go out of Ahmedabad on promotion if his posting on such promotion is made at any station which is not beyond a distance from Ahmedabad by about 115 kilometres in radius, we direct that the appellant will consider the case of petitioner's posting on promotion either at Ahmedabad or at any other suitable place where such vacancy exists if such station is within about 115 kilometres' radius from Ahmedabad. If on offer of such promotion with posting in such station, the respondent, because of his handicapped condition and other personal difficulties, is not prepared to go on promotion by leaving Ahmedabad for the present, the respondent will have to forego such promotion. In that event, the respondent will be permitted to remain on the present post held by him at Ahmedabad. Such option of the respondent in foregoing promotion for the purpose of staying at Ahmedabad will not preclude the respondent for being considered for promotion in future if the respondent can be accommodated on promotion either at Ahmedabad or at places near about Ahmedabad. Such direction is given on considering the special facts of the case and the hardship of the respondent who is seriously handicapped and has lost his wife and is to look after his daughters. The appeal is accordingly disposed of without any order as to costs.