SUBHASHBHAI RAMANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal, under Clause 15 of the Letters Patent, has been filed challenging decision dated 26.2.2019 delivered by the learned Single Judge in Special Civil Application No.15467of 2017.

(2.) The background on which the present appeal is brought before us is that the appellant - original petitioner, was appointed as a Junior Clerk in the establishment of Courts at District level on 26.7.1988. He was promoted to the post of a Senior Clerk on 22.6.2015 upon clearing a departmental examination of lower and higher standard. The grievance raised is that some employees junior to the appellant and appointed after him, were promoted to the higher post, while the appellant's case has not been considered. He was ignored, even though he has cleared the CCC examination successfully. By raising such grievance, a petition was brought before this Court, to seek the following reliefs :

(3.) Shri Nikhil S. Kariel, learned counsel appearing on behalf of the appellant - original petitioner, has vehemently contended that not considering the appellant's case is a glaring example of arbitrariness and discrimination being meted out. On the contrary, 3 junior employees, appointed later than the present appellant, came to be promoted. The nonconsideration of the appellant's case itself is violative of Articles 14 and 16 of the Constitution of India. It has been submitted that though the appellant has completed CCC examination, as required for seeking promotion, the appellant's case has been ignored. By referring to a few examples, a contention is reiterated that he has been discriminated against. It has been vehemently submitted by the learned counsel that this CCC examination is not a condition precedent to bringing the appellant in the zone of consideration. In fact, over and above the CCC examination as well, the present appellant fulfills all the prescribed eligibility criteria. Further, his nonconsideration has seriously affected his seniority, as well. This aspect has not been properly gone into by the learned Single Judge. As a result of this, a request is made to allow the appeal.