OZA MANHARBHAI TALSHIBHAI Vs. NARENDRAKAUMAR MAYARAM NAYAK

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order passed by the Gujarat Secondary Education Tribunal, Ahmedabad [for short, 'the Tribunal'] in Application No.767/1991 dated 18.09.1992, whereby, the said application was allowed.

(2.) The facts in brief are that the petitioner herein was serving as a Peon in respondent no.3-school w.e.f. 01.01.1983. On the basis of the Government Resolutions dated 22.12.1983, 18.03.1986 and 16.12.1991, the petitioner was promoted to the post of Junior Clerk. Respondent no.1, being aggrieved by the action of not grating him promotion, preferred Application No.767/1991 before the Tribunal, which came to be allowed vide impugned order and the promotion granted to the petitioner was quashed. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. Though served none appears on behalf of respondent nos.1 to 3. Both the petitioner as well as respondent no.1 possessed the qualification of S.S.C. (with Maths) pass, which is the necessary qualification for appointment to the post of Junior Clerk. Both of them were also working on a Class-IV post. The petitioner herein was working in the respondent-school w.e.f 01.01.1983, whereas, respondent no.1 was working w.e.f. 30.06.1970, meaning thereby, that respondent no.1 was senior amongst the two.