CHAMANBHAI NATHABHAI MANDAVIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner, by way of present petition under Article 226 of the Constitution, has challenged the inaction on the part of the Respondents authorities, of not giving promotion to the Petitioner to the post of 'Peon', though, according to him, he is entitled for the same. It is submitted by Mr. Murali N. Devnani, learned Advocate for the Petitioner that there are circulars of the State Government providing for the said benefit, which have been conveniently ignored by the Respondents authorities. The Petitioner was appointed as a regular Class-IV employee w.e.f. 2.4.1985. He was, initially, posted at Referral Hospital at Maliya Miyana and was serving as a Sweeper since the time he joined the service. It is his case that many persons, who are similarly situated, after entering into the service as a sweeper, have been promoted either on the post of Ward Servant/Peon or Chowkidar, and in spite of the fact that, he has completed 10 years of service, his case has not been considered. Reliance has been placed on a Circular dated 23.4.1996, which is produced at Annexure-A to the petition, issued by Deputy Divisional Director, Health and Medical Services.

(2.) This Court in exercise of powers under Article 226 of the Constitution, cannot issue a Writ directing the Respondents authorities to promote the Petitioner. At the most, the case of the Petitioner can be asked to be considered by the concerned Respondent authorities.

(3.) Mr. Devnani, learned Advocate, appearing for the Petitioner states that he will prefer a representation to the Respondents authorities in this regard. If any such representation is preferred by the Petitioner, the same may be looked into by the Respondents authorities in accordance with law.