RAMESHCHANDRA K KADIA Vs. MODASA NAGARPALIKA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for a direction directing the respondent Nagarpaklika to consider his case for promotion to class-III post falling vacant on 31.3.1997 and further to restrain the respondents from filling this post by direct recruitment on ad-hoc or regular basis.

(2.) The case of the petitioner is that the petitioner is working with respondent as class-IV employee and looking to his qualification he made representation for promotion to class-III post on 3.4.1996. On 9.4.1996 the petitioner was informed that at that time there was no class-III post available. One Mathurdas Mohanlal Kadia, a class-III employee of the Respondent- Nagarpalika, was going to retire on superannuation on 31.3.1997. By representation dated 12.3.1997 the petitioner requested the respondent to promote him to the post going to fall vacant looking to his seniority and qualifications and long service of 21 years. On inquiring the petitioner came to know that petitioner's case was not going to be considered for promotion and that somebody from outside was going to be appointed on ad-hoc basis without undergoing the regular selection. Therefore, the petitioner filed this application.

(3.) While admitting this matter the Court has passed the following order: