LAWS(GJH)-2020-3-50

PARESHKUMAR MANSUKHLAL TRIVEDI Vs. PRINCIPAL DISTRICT JUDGE

Decided On March 06, 2020
PARESHKUMAR MANSUKHLAL TRIVEDI Appellant
V/S
PRINCIPAL DISTRICT JUDGE And 2 OTHER(S) Respondents

JUDGEMENT

(1.) The petitioners are working as Peons under the establishment of the District Court in different districts. They are claiming their right of being promoted as Bailiffs. In some cases, the petitioners' names were also sent for consideration for promotion. The case of the petitioners is that on coming into force of the new Rules of 2017 ("The Non-Judicial Officers and Staff of the Courts (Recruitment and Conditions of Service) Rules, 2017), their right to promotion to the posts of Bailiffs have been taken away.

(2.) The petitioner joined services as Peon in the year 1999. On 26.12.1957, the then State of Bombay issued a Government Resolution by which it was decided to frame an Advisory Committee of District Judges for making appointments to Class-III and Class-IV services in the judicial department.

(3.) The petitioner, though became eligible in the year 2002 and passed his CCC examination in 2006, no promotion orders were issued. Several requisitions were sent and consent of the petitioner was sought and granted but no action was taken though the petitioner was eligible for promotion.