LAWS(GJH)-2010-4-92

PRAFULBHAI MULSHANKER NAYAK Vs. TALOD NAGARPALIKA MUN BOROUGH

Decided On April 22, 2010
PRAFULBHAI MULSHANKER NAYAK Appellant
V/S
TALOD NAGARPALIKA MUN BOROUGH Respondents

JUDGEMENT

(1.) As common questions on law and facts are involved in these petitions, they are disposed of by this common judgment.

(2.) By way of these petitions under Article 226 of the Constitution of India, the petitioners have prayed to direct the respondent-authority to promote them to the post of Clerk from the post of Peon.

(3.) The facts in brief are that the petitioner in Special Civil Application No. 154 of 2000 was appointed in the cadre of Peon vide order dated 07.02.1982, whereas the petitioner of Special Civil Application No. 2805 of 1999, was appointed in the cadre of Peon vide order dated 01.04.1977. It is the case of the petitioners that though they were eligible for promotion to the post of Clerk, the respondent-authority denied the same. Pursuant thereto, the petitioners made representation to the respondent-authority to consider their case for promotion. It is the case of the petitioner that though as per the Government Policy they are eligible for promotion to the post of Clerk, the persons junior to them were promoted to the post of Clerk and they were not. Being aggrieved by the said action of the respondent-authority the petitioners have approached this Court by way of this petition.